Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAbout3-9-10PLEDGE OF ALLEGIANCE
ROLL CALL
MOTION: To read the Resolutions by title only and waive reading the full text of the Resolutions.
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE PLANNING
COMMISSION ON NON PUBLIC HEARING ITEMS 5 minute time limit per person.
All interested persons are invited to appear at the Public Hearing and to provide evidence or testimony
concerning any of the proposed items set forth below for consideration. You are hereby advised that
should you desire to legally challenge any action taken by the Planning Commission with respect to the
proposed item for consideration, you may be limited to raising only those issues and objections, which
you or someone else raises at or prior to the time of the Public Hearing.
PUBLIC HEARINGS
RECOMMENDATION: Denial
ARCADIA PLANNING COMMISSION AGENDA
Tuesday, March 9, 2010, 7:00 P.M.
Arcadia City Council Chambers
1. MODIFICATION APPLICATION NO. MC 10-03
245 W. Walnut Avenue
Jean Ni on behalf of the property owner, Jingming Luo
Referred by Modification Committee on February 23, 2010
The applicant is requesting a Modification to permit a 796 square -foot attic that has been converted
into a third -floor within the existing residence.
There is a five working day appeal period after the approval /denial of the application. Appeals are to
be filed by 5:30 p.m. on Wednesday, March 17, 2010.
2. REVOCATION OF CONDITIONAL USE PERMIT NO. CUP 09 09 (RESOLUTION NO. 1801)
510 -512 E. Live Oak Ave. (between Hempstead Ave. and Lenore Ave.)
Michael Hsiao (designer) Cafe Fusion
Consideration of revocation of a Conditional Use Permit granted on October 27, 2009, for a 960
square -foot expansion to an existing 2,040 square -foot restaurant. The status of the permit was
reviewed by the Planning Commission on February 9, 2010.
RECOMMENDATION: Revocation
A Resolution reflecting the decision of the Planning Commission will be presented for adoption at the
next Commission meeting. There will be a five working day appeal period after the adoption of the
Resolution.
Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be
made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)
574 -5423.
PC AGENDA
3 -9 -10
CONSENT ITEMS
3. RESOLUTION 1813
A Resolution of the Planning Commission of the City of Arcadia, California, approving Conditional Use
Permit No. CUP 10 -01 to operate a tutoring center with up to 80 students within 4,313 square -feet of
existing office space on the second -floor of the commercial shopping center at 1135 W. Huntington
Drive.
RECOMMENDATION: Adopt
There is a five working day appeal period after the adoption of the Resolution.
4. RESOLUTION 1814
A Resolution of the Planning Commission of the City of Arcadia, Califomia, approving Tentative
Parcel Map No. TPM 09 -08 (71182) and the renewal of Residential Mountainous Development Permit
No. RM 07 -01 for the subdivision and development of an approximately 90 -acre property generally
located north of the terminus of Vista Avenue and north and northwest of Canyon Road.
RECOMMENDATION: Adopt
There is a five working day appeal period after the adoption of the Resolution.
5. MINUTES OF FEBRUARY 23, 2010
RECOMMENDATION: Approval
MATTERS FROM CITY COUNCIL PLANNING COMMISSION
MODIFICATION COMMITTEE AGENDA
MATTERS FROM STAFF UPCOMING AGENDA ITEMS
ADJOURNMENT
Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be
made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)
574 -5423.
PC AGENDA
3 -9-10
PLANNING COMMISSION
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability related
modification or accommodation in order to participate in a meeting, including auxiliary aids or services,
may request such modification or accommodation from the City Clerk at (626) 574 -5423. Notification 48
hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to
the meeting.
Public Hearing Procedure
1. The public hearing is opened by the Chairman of the Planning Commission.
2. The Planning staff report is presented by staff.
3. Commissioners' questions relating to the Planning staff report may be asked and answered at this
time.
4. The applicant is afforded the opportunity to address the Commission.
5. Others in favor of the proposal are afforded the opportunity to address the Commission.
(LIMITED TO 5 MINUTES)
6. Those in opposition to the proposal are afforded the opportunity to address the Commission.
(LIMITED TO 5 MINUTES)
7. The applicant may be afforded the opportunity for a brief rebuttal.
(LIMITED TO 5 MINUTES)
8. The Commission closes the public hearing.
9. The Commission members may discuss the proposal at this time.
10. The Commission then makes a motion and acts on the proposal to either approve, approve with
conditions or modifications, deny, or continue it to a specific date.
11. Following the Commission's action on Conditional Use Permits and Variances, a resolution reflecting
the decision of the Planning Commission is prepared for adoption by the Commission. This is usually
presented at the next Planning Commission meeting. There is a five (5) working day appeal period
after the adoption of the resolution.
12. Following the Commission's action on Modifications and Design Reviews, there is a five (5) working
day appeal period.
13. Following the Commission's review of Zone Changes, Text Amendments and General Plan
Amendments, the Commission's comments and recommendations are forwarded to the City Council
for the Council's consideration at a scheduled public hearing.
14. Following the Commission's action on Tentative Tract Maps and Tentative Parcel Maps (subdivisions)
there is a ten (10) calendar day appeal period.
Any writings or documents provided to a majority of the Planning Commission members regarding any item on this agenda will be
made available for public inspection in the Planning Services office at City Hall, 240 W. Huntington Dr., Arcadia, CA 91007, (626)
574 -5423.
PC AGENDA
3 -9 -10
March 9, 2010
TO:
FROM:
SUBJECT:
SUMMARY
Arcadia Planning Commission
Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
STAFF REPORT
Development Services Department
The applicant is requesting a Modification to permit a 796 square -foot
attic that has been converted into a third -floor within the existing
residence (AMC Sec. 9251.2.1)
Ms. Jean Ni, on behalf of the property owner Mr. Jingming Luo, submitted Modification
Application No. MC 10 -03 to permit a 796 square -foot attic that has been converted
into a third -floor within the existing residence (AMC Sec. 9251.2.1). Attached are an
aerial photo, vicinity map, a site plan, and photos of the subject property. It is staff's
opinion that there is not adequate justification for allowing a three -story residence. The
Development Services Department is recommending denial of the request, which will
require that the 796 square -foot space be converted back into non living attic space,
and that the stairway to the attic be removed.
GENERAL INFORMATION
APPLICANT: Ms. Jean Ni on behalf of the property owner Mr. Jingming Luo
LOCATION: 245 W. Walnut Avenue
REQUEST: A Modification to permit a 796 square -foot attic that has been converted
into a third -floor within the existing residence (AMC Sec. 9251.2.1)
SITE AREA: 28,560 square feet (0.65 acre)
FRONTAGE: 100.55 feet along Walnut Avenue
ZONING EXISTING LAND USE:
The subject property is zoned R -0- 15,000, First One Family Zone and
is improved with a 5,580 square -foot, two -story single family residence
with a 796 square -foot attic. There are also an attached 809 square
foot, four -car garage, a 525 square -foot, detached, two -car garage, a
599 square -foot, detached recreation room, a 153 square -foot patio,
and a pool and spa. The residence and attached garage were built in
1989 and the other improvements were built in 1993.
SURROUNDING LAND USES ZONING:
The surrounding properties are developed with single family residences
and are zoned R -0- 15,000.
GENERAL PLAN DESIGNATION:
Single Family Residential at 0 -4 dwelling units per acre
PUBLIC HEARING NOTIFICATION
Public hearing notices of Modification Application No. MC 10 -03 were mailed on
February 25, 2010 to the property owners, tenants and occupants of those properties
that are within 100 feet of the subject property; see the attached radius map. Because
staff considers the proposed project exempt from the requirements of the California
Environmental Quality Act (CEQA) the public hearing notice was not published in the
Arcadia Weekly newspaper.
BACKGROUND INFORMATION
A two -story, 5,580 square -foot residence was constructed on the subject property in
1989. The residence included a 796 square -foot attic designed to accommodate
storage of large items and was therefore built with a weight- bearing floor. The Building
Permit for the residence states that the 796 square -foot area is an attic; a copy of the
building permit is attached. At some point after final inspection of the residence by the
City's Building Services and without permits, the original owner /builder of the house
converted the 796 square -foot attic into livable space and added a staircase leading
from the second -floor to the attic. By installing a permanent staircase to the attic, a
third -story was created, which is not allowed in the R -0 zone or any residentially -zoned
area in the City. Staff was not aware of the illegal conversion until earlier this year
when the current owners, who purchased the house in late 2009, submitted plans to
remodel the interior of the house and add a new bathroom. During an inspection, a
City Building Inspector realized that the new bathroom was to be on a third floor and
discovered that the attic had been converted into livable space, and that a permanent
staircase had been added to access the attic. The attached photos show the front of
MC 10 03
245 W. Walnut Avenue
March 9, 2010 page 2
the house, the attic space being remodeled by the current owner, the stairway to the
attic, and views from the attic windows.
On February 10, 2010, the applicant submitted Modification Application No. MC 10 -03
to request legalization of the attic as a third floor. The request was brought before the
Modification Committee at their February 23, 2010 meeting, at which time the
Modification Committee referred the application to the Planning Commission. A copy
of the Modification Committee Background Report is attached.
REQUEST AND ANALYSIS
The request is for a Modification to allow a 796 square -foot attic as a third -floor.
Attached to the staff report is a letter from the property owners explaining their
rationale for approval. Their main points are as follows:
1.
The remodeled attic and stairs have existed for nearly 20 years, and have
never caused any safety or other problems.
2. When remodeling the attic, no changes were made to the exterior of the
house; only interior remodeling occurred.
3. The third -story meets the maximum height restriction of 35 -feet for when the
house was constructed in 1989. The current height restriction for a 100 -foot
wide lot in the R -0 zone is 30 -feet.
4. The County Tax Assessor's records included the attic as livable space
because it lists the livable square- footage at the property as 7,135 square
feet. This total must include not only the attic, but also the recreation room
and patio.
Staff is satisfied that the above information is true. However, staff does not feel that
the request satisfies any of the purposes of a Modification, which are as follows:
That the Modification will secure an appropriate improvement of a lot;
That the Modification will prevent an unreasonable hardship; or
That the Modification will promote uniformity of development.
At least one of these purposes must be met to justify the allowing of a three -story
residence. The City's records for this property show that no permits were ever applied
for or issued for the staircase or the other changes made to the attic. That the
maximum height limitation was not exceeded and no exterior changes were made to
the house do not directly relate to the purposes for a Modification.
MC 10 -03
245 W. Walnut Avenue
March 9, 2010 page 3
CODE REQUIREMENTS
Regardless of whether, or not the Modification request is approved, all City
requirements are required to be complied with to the satisfaction of the Building
Official, Community Development Administrator, and Fire Marshal.
CEQA
The request for a Modification to allow the conversion of an existing attic space into
living space is categorically exempt from environmental review pursuant to the
provisions of the California Environmental Quality Act (CEQA) by Section 15303 of the
CEQA Guidelines.
RECOMMENDATION
The Development Services Department recommends denial of Modification
Application No. MC 10 -03.
If, however, the Planning Commission determines that the request does satisfy at
least one of the purposes of a Modification and intends to approve Modification
Application No. MC 10 -03, staff recommends that the approval be subject to the
following conditions:
1. All City requirements regarding building and safety shall be complied with to
the satisfaction of the Building Official and Fire Marshal, and any exterior
changes shall be subject to design review.
2 A covenant to be drafted by the City Attorney shall be executed by the current
property owner(s) and recorded in the Office of the County Recorder to
require that the attic be restored to storage space and that the staircase to the
attic be removed prior to the completion of any sale of the subject property by
the current owner(s) or successors.
The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officers, employees or agents to
attack, set aside, void, or annul any approval or condition of approval of the
City of Arcadia concerning this project and /or land use decision, including but
not limited to any approval or condition of approval of the City Council,
Planning Commission, or City Staff, which action is brought within the time
period provided for in Government Code Section 66499.37 or other provision
of law applicable to this project or decision. The City shall promptly notify the
applicant of any claim, action, or proceeding concerning the project and /or
land use decision and the City shall cooperate fully in the defense of the
matter. The City reserves the right, at its own option, to choose its own
attorney to represent the City, its officers, employees, and agents in the
defense of the matter.
MC 10 -03
245 W. Walnut Avenue
March 9, 2010 page 4
4. Approval of MC 10 -03 shall not take effect until the property owner(s) and
applicant have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of
these conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this request, the Commission should
move to approve Modification No. MC 10 -03, state the determination(s) that support a
finding that at least one of the following purposes is satisfied, acid that the approval is
subject to the conditions set forth above, or as modified by the Commission:
1. That the Modification will secure an appropriate improvement of a lot;
2. That the Modification will prevent an unreasonable hardship; or
3. That the Modification will promote uniformity of development.
Denial
If the Planning Commission intends to deny this request, the Commission should
move to deny Modification Application No. MC 10 -03, and state why, based on the
evidence presented the project does not support any of the above purposes.
If any Planning Commissioner, or other interested party has any questions or
comments regarding this matter prior to the March 9 public hearing, please contact
Assistant Planner, Tim Schwehr at (626) 574 -5422 or at tschwehra.ci.arcadia.ca.us.
Appro
Jip asama
ommunity Development Administrator
Attachments: Aerial Photo Vicinity Map
Site Plan
Photos of Subject Property
100 -foot Radius Map
Building Permit
Modification Committee Background Report
Letter from Applicant
MC 10 -03
245 W. Walnut Avenue
March 9, 2010 page 5
Development Services Department
Engineering Division
Prepared by: R.S.Gonzalez, February 2010
Development Services Department
Engineering Division
Prepared by. R.S.Gonzalez, February 2010
R -0
(210)
245 W Walnut Ave
MC 10-03
R0
Q
LU
O
W
100 -foot radius map around 245 Walnut Ave.
CALL FOR INSPECTION
Requests for inspections should be made at least
twenty -four hours in advance by telephone at
574 -5416, 8:00 A.M. 5:00 P.M.
inspectors office hours are:
8:00 9:00 A.M.; 1:00 1:30 4:30 5:00 P.M.
BUILDING SAFETY DIVISION
240 West Huntington Drive
Arcadia, California 91006 -3104
(818) 574 -5416
245 W WALNUT AV
Permit No A8801781
Status APPROVED
This type Single Family Project
Parcel number
Group -occup /use:
Owner
Applicant
Applicant Addr
Job Address
Phone number
Class code
Valuation
Construction
Permit to do
YANG, SHENG -CHU
TA -MING CONSTRUCTION
1039 E VALLEY BL #E SAN GABRIEL, CA 91776
245 W WALNUT AV
818 280 -0565
101
405,524
NEW
11 RMS, 5 BATHS, UTILITY, 4 CAR ATT GAR
Contractor TA -MING CONSTRUCTION
This type SFP
Plan No. 23012
School Certification No> 332
Fee description Units Fee /unit
Dwelling(Enter Square Footage)3104>
Garage (Enter Square Footage)3104>
Accessory Blding(Enter Sq Ft) 3104>
Building Permit Fee 3104>
S.M.I.P. Fee 714 -2207
Parks /Rec Tax(Enter No. Units)3104>
Fees Required
Total Fees: 2,413.59
5580.00
809.00
796.00
Receipt No. Date
08/26/88
Total Payments:
Balance Due:
rAuE 1 vF l
08/26/88 13:51
Project No AU000547
Validated by CP
Inspector area: 205
Date Applied 08/26/88
Date Issued 08/26/88
Date Finaled
Date To Expire:
Lic. C 469457 818- 280 -0565
1.00 185.00
Fees Collected Credits
Ext fee Data
2200.20
28.39
185.00
Payment
2,413.59
2,413.59
.00
ATTIC
DECLARATIONS
In accordance with Health Safety Code, Section
19825, all required declarations on the reverse side of
this form have been properly signed and dated by
the permittee.
Verified by g
i nature
PUBLIC HEARING MC 10 -03
ARCADIA MODIFICATION COMMITTEE
Tuesday, February 23, 2010 at 7:45 a.m.
Arcadia City Council Chambers Conference Room
Address: 245 W. Walnut Avenue
Applicant: Jean Ni on behalf of the property owner Jingming Luo
Request: The applicant is requesting a Modification to convert the existing 796 square -foot
attic area into a third -floor within the existing residence (AMC Sec. 9251.2.1).
Such request will not involve any exterior alterations.
BACKGROUND
The subject property is zoned R -O, First One Family Zone, and is developed with a 5,866
square -foot, two -story single family residence (includes 796 square -feet of non livable attic
space) with an attached 808 square -foot four -car garage, a 525 square -foot detached two -car
garage, and a 599 square -foot detached recreation room. The residence and attached garage
was built in 1989, and the detached garage and recreation room were built in 1993.
It is Staff's understanding that the original owners of the house converted the attic into livable
space (without permits) by adding heating, lighting, carpet, several interior walls, and a
permanent, fixed staircase leading from the second -floor to the attic. No exterior changes were
made to the house. By converting the attic into livable space, a third -story was created, which is
not allowed in the R -O zone or any single family zoned property in the City (AMC Sec.
9251.2.1). The City was not aware of the illegal conversion until earlier this year when the
current owners submitted plans to remodel the interior of the house and add two new
bathrooms. During an inspection of the new bathrooms, the City's Building Inspector discovered
the attic had been converted into livable space, and permanent staircase had been added
connecting the attic to the second floor.
The applicant is seeking a Modification to permit the 796 square -foot attic as a third floor.
Attached is a letter from the property owners explaining their rationale for why a Modification
should be granted. The main points are as follows:
1. The remodeled attic and stairs have existed for nearly 20 years, and have never caused
any safety or other problems.
2. When remodeling the attic, no changes were made to the exterior of the house. Only
interior remodeling occurred.
3. The third -story meets the maximum height restriction of 35 -feet from when the house
was constructed in 1989 the current height restriction for this property is 30 -feet.
4. The County Tax Assessor records incorrectly includes the attic as livable space, and
lists the square- footage of the house as 7,135 square -feet rather than the correct 6,464
square -feet (first -story and second -story livable space, and 599 square -foot detached
recreation room).
Staff cannot support the applicant's request as there does not appear to be an adequate
justification for allowing a three -story residence on a single family zoned property. No permits
were ever applied for or issued for the staircase, heating, and other interior changes made to
the attic. It is not uncommon for the County's Tax Assessor Records to differ from what was
permitted by the City, and when there is such a difference, the City's Building file, which has a
record of all the permits issued for a property, has the overriding authority.
RECOMMENDATION
Planning Services recommends denial of Modification Application No. MC 10 -03.
Tim Schwehr, Assistant Planner
MC 10 -03
245 W. Walnut Avenue
February 23, 2010
Jingming Luo
245 Walnut Ave. Arcadia Pages 1 -2
February 9, 2010
I am the owner of 245 Walnut Ave, Arcadia, California. I bought this home as my
primary residence on November 4 2009. Before I purchase this house I have check
its general information from the LA county assessor data, it shows this home was built
in 1989, with 7,135 sq. ft living area that include the main house building and a guest
house that build in 1992. The second owner owned the home since 1997, have never
made any modification or any additions on the property during their 12 years occupancy
until year 2009.
Before I purchase this home, I want make sure the legal validity of 7,135 living square
footage of says property. So, I acco npOctober another real
2 30PMtogether go to
City of Arcadia to make verification
The City Office Staff receiving us warmly and politely, after our question, she
immediately print out the computer archives of house information and hand it to us, her
material shows the total square footage of this property is 7,135. Then, she pull out the
house file and check it detailed; she calculate the total square footage based on the
house file and explanation of all the living space is come out together with the first floor
3,375 sqft the second floor 2,491 sqft, the attic 799 sqft and the guest house 599 sqft.
She confirm that the county's record on 245 Walnut is correct, is all permitted, is legality
record and don't need to doubt about it. She also explain to us that the house square
footage is finalized by county assessor who inspect and measure the building
personally after the house has build completed.
Per the Office Staffs above answer that confirmed the legitimacy of living space and
rest assured my housing purchase.
However, on January 28 2010, I being told by City Inspector, the stairs that access to
the 3rd floor attic need to be removed, because it is illegal to have a stairs between the
second floor to the attic. This advice notice suddenly like a bomb hit my head. I couldn't
believe this message. So, I go to city for verification again on Feb. 2nd 2010. The City
Staff give me a deferent answer from last time. He says City of Arcadia has nothing to
do about County's assessment record. It is the home owner's responsibility to verify that
information with County himself. And City of Arcadia never allowed for built a stairs from
the second floor to attic.
245 Walnut Ave. Arcadia Pages 2 -2
As a Home owner of City Arcadia, I earnestly beg the City Committee to approve the
stairs remain its existing status. Please consider my points of view in following;
1. The attic and the stairs are previously existed fact in the house for 20 years. The
stairs being built safety and solid and is beautifully matched the house style, plus
it has approved itself with 20 years life test in the house, has never caused any
unsafe problems. I earnestly beg City Committee to approve it's exist in reality.
(Attached the stairs photos for your reviewing)
2. As I know that City have had permitted a maximum building high as 35 feet -high
in 20 years ago. My home is about 35 -feet high, the attic high is indeed higher
and larger which all have met the city building regulation and permitted at that
time in 1989. Logically, I like to believe this stairs has already had permitted in
1989.
3. This access attic is permitted to built in 1989, measured square feet is about 799,
is a bright, airy and lovely space. It is needed a safe and solid stairs to access to
it. A simple pull -style stairs case is insecurity and is not make a sense for this
sized of attic space.
4. The City Building Department is a reliable and authoritative source for the
resident to verify their building questions. But what is happening if the resident
obtains 2 different answers from the City on a same question. My case now
results that I need to undertake the damages. I feel being treated unjustly. I have
carried on my duty do the best to go to the City to verify the necessary building
information and have obtained the validity and assured answer before I decide to
purchase this home. I hope City can help me to resolve this issue.
My honest plead The City Committee to approve my petition,
Sincerely Truth,
Jingming Luo
March 9, 2010
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUMMARY
STAFF REPORT
Development Services Department
SUBJECT: Revocation of Conditional Use Permit Application No. CUP 09 -09 (Resolution
1801) permitting a 960 square -foot expansion to an existing 2,040 square -foot
restaurant located at 510 -512 E. Live Oak Avenue.
On October 27, 2009, the Planning Commission approved CUP 09 -09 to permit Cafe
Fusion's previously unpermitted expansion into the adjacent 960 square -foot unit at 510-
512 E. Live Oak Avenue. Several conditions of approval were required to be satisfied
within 60 days and before the expansion area could continue to be used. After 60 days
following the adoption of Resolution 1801 (attached) staff conducted an inspection of the
subject business and found that the following conditions had not been complied with:
1. All karaoke and live entertainment equipment shall be removed from the premises.
2. All unpermitted signs shall be removed.
3. The bathroom facilities shall be upgraded to meet the Building Official's requirement of
1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1 lavatory for women.
4. Agreements /Covenants with the City of Arcadia as a party thereto in forms approved
by the City Attorney for the use of 16 off -site parking spaces at 600 618 E. Live Oak
Avenue shall be executed and recorded in the Office of the County Recorder.
At the February 9, 2010 Planning Commission meeting, staff informed the Planning
Commission that the restaurant had not complied with the above conditions of approval
within the required 60 days. The Planning Commission directed staff to initiate revocation
proceedings.
BACKGROUND INFORMATION
At the February 9, 2010 Planning Commission meeting, the Commission directed staff to
assemble a background history of this application. The following is a timeline of events
related to CUP 09 -09:
September 2008: Code Services received a complaint of noise, loitering and loud
music at the subject property. During a site inspection, Code Services discovered
microphones, amplifiers, and other equipment for live entertainment and karaoke,
and that the restaurant had expanded into the adjacent commercial space. It was
also discovered that the existing restaurant was displaying unpermitted signs. A
notice of violation was issued to the owners of Cafe Fusion.
October 31, 2008: Code Services issued a citation to the owner of Cafe Fusion for
failure to address the violations.
November 11, 2008: Cafe Fusion filed Sign Design Review Application No. SADR
08 -48 for a new channel letter front wall sign and a face change to the existing
projecting sign approved in May of 2009.
February 10, 2009: Code Services referred the violations for the unpermitted
restaurant expansion and live entertainment to the City Attorney.
May 14, 2009: The applicant submitted Conditional Use Permit Application No.
CUP 09 -09.
August 11, 2009: Conditional Use Permit Application No. CUP 09 -09 was
considered by the Planning Commission. At this meeting, the applicant proposed to
lease 20 parking spaces located at 405 Lynrose Street, which is approximately 900
feet from the restaurant. Because of the distance, staff recommended denial of the
application. Just prior to the meeting, the applicant submitted a written request to
the Planning Commission asking for a continuance to explore other parking
solutions. By a vote of 3 -1 with one Commissioner absent, the Planning
Commission granted a continuance to the September 22 meeting.
September 22, 2009: At this meeting, the applicant proposed to lease 16 parking
spaces from either the commercial strip mall to the north at 529 555 E. Live Oak
Avenue or the commercial strip mall to the east at 600 618 E. Live Oak Avenue.
In order to allow sufficient time for a detailed analysis of the proposed parking
arrangements and to issue an expanded public hearing notice, staff recommended
a continuance to the October 27, 2009 Planning Commission meeting. By a vote of
5 -0 the Planning Commission granted the continuance.
October 27, 2009: At this meeting, by a vote of 4 -1 the Planning Commission
conditionally approved CUP 09 -09 for the 960 square -foot restaurant expansion and
use of 16 off -site parking spaces at 600 618 E. Live Oak Avenue in lieu of the on-
site required parking for the expansion. The staff report is attached.
CUP 09 -09 Revocation
510 -512 E. Live Oak Ave.
March 9, 2010 Page 2
November 24, 2009: Resolution 1801 for CUP 09 -09 was adopted by the Planning
Commission. Condition no. 12 of the resolution stated that all conditions of
approval shall be satisfied within 60 days and prior to use of the expansion area.
January 25, 2010: 60 days after the adoption of Resolution 1801, staff had not
been contacted about the required plumbing improvements or the parking
agreement/covenant. Upon contacting the restaurant manager of Cafe Fusion, staff
was informed that no progress had been made.
February 9, 2010: Staff presented a 60 -day report (attached) to the Planning
Commission on the status of compliance with the conditions of approval stated in
Resolution 1801. The report stated that none of the conditions of approval that
were required to be met within 60 days had been satisfied. These include
upgrading the bathroom facilities, filing a parking covenant, removing the
unpermitted signage and live entertainment equipment, and that the expansion area
not be used for dining purposes until all the conditions had been satisfied. The
Planning Commission directed staff to initiate revocation proceedings.
February 24, 2010: Staff issued the required notice to the applicant, business
owners, and property owner informing them that a public hearing will be held by the
Planning Commission at its regular meeting on March 9, 2010 to consider the
revocation of Conditional Use Permit No. CUP 09 -09.
UPDATE ON STATUS OF COMPLIANCE
Since the February 9, 2010 Planning Commission Meeting, staff can
progress on the conditions of approval:
The live entertainment and karaoke equipment have been
premises.
report the following
removed from the
The unpermitted banner at the rear of the building has been removed.
On March 3, 2010, the applicant submitted Sign Architectural Design Review
Application No. SADR 10 -16 requesting approval of the wall signs that have been
installed without approval or permits on the front and rear of the building, and
approval of the new exterior paint color at the front of the building. Staff believes
the new exterior paint color and non illuminated rear wall sign are consistent with
the City's Design Guidelines, but the use of an exposed raceway for the front wall
sign is not consistent with the guidelines and staff will request that the applicant
reinstall the front wall sign with individual channel letters flush- mounted to the wall
as approved by SADR 08-48.
On March 3, 2010, a general contractor working on behalf of the owners of Cafe
Fusion contacted staff regarding the required bathroom upgrades. The contractor
was informed of the requirements and stated that plans for the upgrades are being
drawn and will be submitted to the City within two weeks.
CUP 09 -09 Revocation
510 -512 E. Live Oak Ave.
March 9, 2010 Page 3
Also on March 3, 2010, staff contacted the original applicant and designer for CUP
09 -09, Mr. Michael Hsiao, to verify that he had received notice of the March 9th
revocation proceedings. Mr. Hsiao informed staff that he had received the notice,
but was no longer involved with the project.
On March 5, 2010, Mr. Arthur Chen, the restaurant manager of Cafe Fusion,
initiated the process for a Covenant/Agreement to lease 16 parking spaces at 600
618 E. Live Oak Avenue: A $315 check and copies of the deeds for the property at
600 618 E. Live Oak Avenue were submitted to Planning Services. Mr. Chen
stated that the property owners of 600 618 E. Live Oak Avenue are willing to enter
into an Agreement /Covenant for the off -site parking. Staff attempted to contact the
property owners of 600 618 E. Live Oak Avenue to confirm their agreement, but
the property manager, Mr. Jim Lek informed staff that the owners are currently out
of the country and will not return until mid March. From staff's conversation with Mr.
Lek, it appears that the property owners are willing to lease 16 parking spaces to
Cafe Fusion, but it is unclear if they are willing to enter into an Agreement/Covenant
with the City as a third -party.
Because the original applicant/designer, Mr. Michael Hsiao is no longer working on behalf
of Cafe Fusion, no one had taken the initiative to comply with the conditions of approval
stated in Resolution 1801. After the February 24, 2010 Planning Commission meeting, Mr.
Arthur Chen, the manager of Cafe Fusion began taking the necessary steps to comply with
the conditions of approval. However, more time is needed to verify that an
Agreement/Covenant for the off -site parking will be acceptable to the owners of 600 -618 E.
Live Oak Avenue, and that the required improvements will be properly completed.
RECOMMENDATION
The Development Services Department recommends a continuance of the revocation
proceedings of Conditional Use Permit No. CUP 09 -09 to the April 13, 2010 Planning
Commission meeting.
PLANNING COMMISSION ACTION
Revocation
If the Planning Commission intends to revoke Conditional Use Permit No. CUP 09 -09, the
Commission should move for revocation, state the supporting findings, and direct staff to
prepare a resolution for adoption at the next meeting that incorporates the Commission's
decision, specific determinations and findings.
Continuance
If the Planning Commission intends to allow additional time for compliance with the
conditions of approval, the Commission should move to continue the hearing on revocation
of Conditional Use Permit No. CUP 09 -09 to a specific date.
CUP 09 -09 Revocation
510 -512 E. Live Oak Ave.
March 9, 2010 Page 4
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the March 9, 2010 public hearing, please contact Assistant
Planner, Tim Schwehr at (626) 574 -5422, or at tschwehr @ci.arcadia.ca.us.
Approved by:
Jim a
munity Development Administrator
Attachments: Resolution 1801
October 27, 2009 Staff Report
February 9, 2010 Staff Report
CUP 09 -09 Revocation
510 -512 E. Live Oak Ave.
March 9, 2010 Page 5
RESOLUTION NO. 1801
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO.
CUP 09 -09 FOR A 960 SQUARE -FOOT EXPANSION TO AN EXISTING
2,040 SQUARE -FOOT RESTAURANT LOCATED AT 510 -512 E. LIVE
OAK AVENUE, AND APPROVAL FOR THIS RESTAURANT TO UTILIZE
OFF -SITE PARKING AT 610 -618 E. LIVE OAK AVENUE IN LIEU OF
THE REQUIRED ON -SITE PARKING FOR THIS EXPANSION.
WHEREAS, on May 14, 2009, a Conditional Use Permit application was filed by
Michael Hsiao for a 960 square -foot expansion to an existing 2,040 square -foot
restaurant; Development Services Department Case No. CUP 09 -09, at property
commonly known as 510 -512 E. Live Oak Avenue; and
WHEREAS, a public hearing was held by the Planning Commission on October
27, 2009, at which time all interested persons were given full opportunity to be heard
and to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA RESOLVES AS FOLLOWS:
SECTION 1. That the factual data provided by the Development Services
Department in the staff report dated October 27, 2009 are true and correct.
SECTION 2. This Commission finds:
1. That the granting of Conditional Use Permit No. CUP 09 -09 will not be
detrimental to the public health or welfare, or injurious to the property or improvements
in such zone or vicinity because the proposed project is a minor alteration of an existing
facility and is exempt from the California Environmental Quality Act (CEQA) as a Class
3 Categorical Exemption per Section No. 15303 of the CEQA Guidelines.
2. That the use applied for at the location indicated is a proper one for which a
Conditional Use Permit is authorized.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other
features including the shared parking with the other businesses in the same center, are
adequate to adjust said use with the land and uses in the neighborhood. Th? proposed
project complies with all related zoning requirements as set forth in the Arcadia
Municipal Code.
4. That the site abuts streets and highways adequate in width and pavement
type to carry the kind of traffic generated by the proposed use.
5. That the granting of Conditional Use Permit No. CUP 09 -09 will not adversely
affect the comprehensive General Plan because the land use and current zoning are
consistent with the General Plan.
SECTION 3. That for the foregoing reasons this Commission grants
Conditional Use Permit No. CUP 09 -09 for a 960 square -foot expansion to an existing
2,040 square -foot restaurant, subject to the following conditions:
1. The hours of operation shall be limited to 11:00 a.m. to 10:30 p.m., Sunday
through Thursday, and 11:00 a.m. to 11:30 p.m., Friday and Saturday with use of the
960 square -foot expansion area limited to 5:00 p.m. to 10:30 p.m., Sunday through
Thursday, and 5:00 p.m. to 11:30 p.m., Friday and Saturday.
2. There shall be no outdoor seating permitted.
3. There shall be no karaoke permitted, and any karaoke related equipment
shall be removed from the premises.
2
1801
4. Live entertainment shall not be permitted, and any live entertainment
equipment shall be removed from the premises.
5. The sale of beer and wine is to be incidental to the restaurant use. Sales for
off- premise consumption or a bar -type use are not allowed. Beer and wine can only be
served in conjunction with the serving of meals.
6. The maximum number of seats shall be 82 or the maximum occupancy as
determined by Building Services and Fire Prevention, whichever is lower.
7. The use approved by CUP 09 -09 is limited to the restaurant. The restaurant
shall be operated and maintained in a manner that is consistent with the proposal and
plans submitted and approved for CUP 09 -09.
8. A separate sign design review application shall be submitted to the City for
approval of all new signs on the premises. All unpermitted signs shall be removed.
9. The bathroom facilities shall be upgraded to meet the Building Official's
requirement of 1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1 lavatory for
women.
10. Conditional Use Permit No. CUP 09 -09 includes a Parking Modification to
allow 14 on-site parking spaces and the use of 16 off -site parking spaces at 600 -618 E.
Live Oak Avenue. Agreements /Covenants with the City of Arcadia as a party thereto in
forms approved by the City Attorney for the off -site parking spaces shall be executed,
recorded in the Office of the County Recorder, and maintained at all times that the off-
site parking is required for the use approved by CUP 09 -09. The
Agreements /Covenants shall be recorded for both the restaurant property at 510 -512 E.
Live Oak Avenue and the property where the supplemental off -site parking is to be
3
1801
maintained; 600 -618 E. Live Oak Avenue. This Parking Modification does not constitute
an approval of a general reduction or alteration of the parking requirements for the
subject property, but rather only for the restaurant that is herein conditionally approved.
Uses other than this restaurant shall be subject to a new Conditional Use Permit and /or
Parking Modification.
11. All City requirements regarding disabled access and facilities, occupancy
limits, building safety, parking and site design shall be complied with to the satisfaction
of the Building Official, Community Development Administrator, Fire Marshal, and
Public Works Services Director.
12.AII conditions of approval shall be satisfied within 60 days and prior to use of
the expansion area. Noncompliance with the plans, provisions and conditions of
approval for CUP 09 -09 shall be grounds for immediate suspension or revocation of
any approvals, including the prior Conditional Use Permit, CUP 04 -02, which could
result in the closing of the entire restaurant.
13. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officers, employees or agents to attack, set
aside, void, or annul any approval or condition of approval of the City of Arcadia
concerning this project and /or land use decision, including but not limited to any
approval or condition of approval of the City Council, Planning Commission, or City
Staff, which action is brought within the time period provided for in Government Code
Section 66499.37 or other provision of law applicable to this project or decision. The
City shall promptly notify the applicant of any claim, action, or proceeding concerning
4 1801
the project and /or land use decision and the City shall cooperate fully in the defense of
the matter. The City reserves the right, at its own option, to choose its own attorney to
represent the City, its officers, employees, and agents in the defense of the matter.
14.Approval of CUP 09 -09 shall not take effect until the property owner(s), and
applicants have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of these
conditions of approval.
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 24 day of November, 2009.
ATTEST:
t.M./.4I
e
ry
ning Commission
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attomey
Chair aid anning Commission
s
1801
October 27, 2009
TO: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administrator
By: Tim Schwehr, Assistant Planner
SUMMARY
STAFF REPORT
Development Services Department
SUBJECT: Conditional Use Permit Application No. CUP 09 -09 for a 960 square -foot
expansion to an existing 2,040 square -foot restaurant located at 510 -512
E. Live Oak Avenue.
The applicant is seeking a Conditional Use Permit and a parking modification to approve
an expansion of an existing 2,040 square -foot restaurant into an adjacent 960 square -foot
unit at 510 -512 E. Live Oak Avenue. To address a parking deficiency, the applicant is
proposing to lease 16 parking spaces from one or two nearby commercial strip malls. This
supplemental off -site parking arrangement was proposed at the September 22, 2009
Planning Commission meeting at which time the applicant was granted a continuance to
complete a parking study of the proposed sites, and for staff to issue an expanded public
hearing notification. It is staffs opinion that the supplemental off -site parking at either or
both locations is a feasible solution, and therefore, is recommending approval of
Conditional Use Permit No. CUP 09 -09 subject to the conditions listed in this report.
GENERAL INFORMATION
APPLICANT: Mr. Michael Hsiao, designer
LOCATION: 510 -512 E. Live Oak Avenue between Hempstead Ave. and Lenore Ave.
REQUEST: A Conditional Use Permit for a 960 square -foot expansion to an existing
2,040 square -foot restaurant located at 510 -512 E. Live Oak Avenue, with
an increase in seating from 68 seats to 82 seats. The hours of operation
for the expanded restaurant will be 11:00 a.m. to 10:30 p.m., Sunday
through Thursday, and 11:00 a.m. to 11:30 p.m., Friday and Saturday, and
the hours for the 960 square -foot expansion area will be further limited to
5:00 p.m. to 10:30 p.m., Sunday through Thursday, and 5:00 pm to 11:30
pm, Friday and Saturday.
SITE AREA: 7,497 square feet (0.17 acres)
FRONTAGES: 50 feet along East Live Oak Avenue 50 feet along a rear alley
EXISTING LAND USE ZONING:
The site is improved with 3,000 square -feet of commercial space and a 14
space parking lot. The site is zoned C -2, General Commercial.
SURROUNDING LAND USES ZONING:
North: 4,832 square -foot retail center zoned C -2
South: Church parking lot zoned R -2 and a single family residence
located outside the city limits
East: 2,024 square -foot restaurant zoned C -2 (CUP 70 -09)
West: 8,890 square -foot retail complex with a restaurant zoned C -2
(CUP 90 -09)
GENERAL PLAN DESIGNATION:
Commercial
PUBLIC HEARING NOTIFICATION
Public hearing notices of Conditional Use Permit Application No. CUP 09 -09 were mailed on
October 15, 2009 to the property owners, tenants and occupants of those properties that are
within 300 feet of the subject property and within 300 feet of the two commercial strip malls
that would provide the supplemental parking (see the attached radius map). Because Staff
considers the proposed project exempt from the requirements of the California
Environmental Quality Act (CEQA) the public hearing notice was not published in the Arcadia
Weekly newspaper.
BACKGROUND INFORMATION
The subject property is developed with a one -story, two -unit commercial building and 14
space parking lot constructed in 1953. To the west is a six -unit commercial strip mall at
500 E. Live Oak Avenue, which includes a mix of small retail stores and a Japanese
restaurant. These retail stores and restaurant share on -site front and rear parking lots with
a total of 23 spaces. Adjacent to the subject property to the east is a Chinese restaurant
at 516 E. Live Oak Avenue that has its own 17 space parking lot to the rear of the building.
The subject business, which is currently known as Cafe Fusion, has been operating as a
restaurant since before the City required Conditional Use Permits for restaurants.
Therefore, there is no initial CUP for the restaurant use. However, on March 8, 2004, the
Planning Commission approved Conditional Use Permit No. CUP 04 -02 to allow for on -site
serving of beer and wine at the existing restaurant with 68 seats and operating hours of
11:00 a.m. to 11:30 p.m., Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday
and Saturday. Resolution No. 1704 for this CUP is attached to this report.
On August 11, 2009, the Arcadia Planning Commission considered Conditional Use
Permit Application No. CUP 09 -09, to legalize an existing 960 square -foot expansion of
the existing 2,040 square -foot restaurant. At this meeting, the applicant proposed to lease
20 parking spaces at 405 Lynrose Street, an industrial property that is approximately 900
feet from the subject restaurant. Because the proposed restaurant expansion is deficient
in parking, and the location of the leased parking was too far away, staff recommended
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 2
denial of CUP 09 -09. The applicant; however, requested a continuance to allow time to
explore other possible parking solutions. By a 3 -1 vote ;with 1 Commissioner absent, the
Planning Commission granted a continuance of application no. CUP 09 -09 to the
September 22, 2009 Planning Commission meeting. The continuance was granted with
the following conditions:
1. The illegal restaurant expansion into the adjacent unit at 512 E. Live Oak Avenue
shall be closed off and remain unused until further notice,
2. The restaurant shall have no more than 68 seats as specified in CUP 04 -02, and
3. The karaoke machine and all other equipment that could be used for live
entertainment shall be removed from the premises.
Following the August 11, 2009 meeting, staff inspected the site on multiple occasions and
found that the expansion area is not being used, but the entertainment equipment was still
in place. On September 22, 2009, the Planning Commission heard the continuance of
application no. CUP 09 -09 to legalize the existing 960 square -foot expansion of the
existing 2,040 square -foot restaurant. At this meeting, the applicant was proposing to
lease 16 parking spaces from a commercial strip mall across the street at 529 -555 E. Live
Oak Avenue, or from another nearby commercial strip mall located at 600 -618 E. Live Oak
Avenue. In order to allow time for a parking study of both potential lease sites, and for an
expanded public hearing notification to all the tenants, property owners, and residents
within 300 feet of the subject property and the two potential lease sites, staff
recommended a further continuance to the October 27, 2009 Planning Commission
meeting. By a 5 -0 vote, the Planning Commission granted this second continuance.
CODE VIOLATIONS
In September 2008, Code Services received a complaint of noise, loitering and loud music
at the subject property. During a site inspection, Code Services discovered microphones,
amplifiers, and other equipment for live entertainment or karaoke, and that the restaurant
had expanded into the adjacent commercial space. The applicant is currently not
permitted to have any live entertainment or karaoke at this business, and is not requesting
such as part of this application. It was also discovered that the existing restaurant was
displaying unpermitted signs. A notice of violation was issued to the owners of Cafe
Fusion for the following violations:
Unapproved expansion into the adjacent unit at 512 E. Live Oak Avenue,
Live entertainment without a permit, and
Display of signs without design review approval or permits from Building Services.
On October 31, 2008, Code Services issued a citation to the owner of Cafe Fusion for
failure to address the violations. On February 10, 2009, Code Services referred these
violations to the City Attorney. In May 2009, the applicant received design review approval
for two new signs to replace the unpermitted signs, but these signs have yet to be installed
and the illegal signs are still in place. Also in May 2009, the applicant submitted application
no. CUP 09 -09. During a site visit to evaluate the CUP application, staff observed that the
parking lots for the adjacent commercial properties at 500 E. Live Oak Avenue and 516 E.
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 3
Live Oak Avenue have prominently posted signs- stating, "No Cafe Fusion Parking."
Photos of some of these signs are attached.
PROPOSAL AND ANALYSIS
The applicant is requesting approval of the illegal expansion of the existing 68 -seat, 2,040
square -foot restaurant into the adjacent 960 square -foot unit. This 960 square -foot space
was previously occupied by a beauty salon. The proposal includes increasing the seating
by 14 to a maximum of 82 patrons, and a Parking Modification to allow the use of an
additional 16 spaces at a nearby commercial strip mall.
The Building Official has reviewed the expanded floor plan and determined that it does not
meet the minimum bathroom fixture requirements for a restaurant with a seating capacity
of 82 seats. Bathrooms will have to be added or enlarged to meet the requirements of
1 toilet, 1 urinal, and 1 lavatory for men, and 2 toilets and 1 lavatory for women.
The applicant is proposing to reduce the restaurant hours from those approved by CUP
04 -02 as follows with the expansion area to only be used after 5:00 p.m.:
Parking
CUP 04 -02
11:00 a.m. 11:30 p.m., Sun Wed
11:00 a.m. 1:00 a.m., Thur Sat
Supplemental Parking at 529 -555 E. Live Oak Avenue
CUP 09 -09
11:00 a.m. 10:30 p.m., Sun Thur
11:00 a.m. 11:30 p.m., Fri Sat
There is a surface parking lot at 510 -512 E. Live Oak Avenue with 14 parking spaces; 13
standard spaces, and 1 handicap space. By Code, the expanded restaurant requires 30
parking spaces (10 spaces per 1,000 gross square -feet) and is therefore deficient 16
spaces. However, the CUP 04 -02 included a Parking Modification for 16 parking spaces in
lieu of 25 required (20 spaces for the restaurant and 5 spaces for the beauty salon). The
providing of a handicap space and loading area has resulted in the number of parking
spaces being reduced to 14. Therefore, the current Parking Modification for the existing
restaurant without the expansion is 9 spaces in lieu of 20; a deficiency of 11 spaces.
The Parking Modification approved by CUP 04 -02 equates to 9 spaces for 68 seats, a ratio
of 1 parking space for every 7.55 seats. Without the additional 16 off -site parking spaces,
the on -site Parking Modification requested as part of this application would result in 14
spaces for 82 seats; a ratio of 1 parking space for every 5.86 seats, which would be an
improved ratio if parking were required on a per seat basis.
There is on- street parking available along this side of Live Oak Avenue; however, it is
limited due to the location of a bus stop. The streets running south of Live Oak Avenue;
Hempstead Avenue and Lenore Avenue, also allow for on- street parking. However, these
streets lead to residential neighborhoods and are not well- suited for commercial parking.
To address the parking deficiency, the applicant has come to terms with the owners of the
commercial property across the street at 529 -555 E. Live Oak Avenue, Ms. Susan Tsai
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 4
and Mr. Spencer Tsai, to lease 16 parking spaces: Copies of sample agreements are
attached to this report. According to City code, required parking spaces must be located
either, on the same lot or site, or within 100 feet of the building or land use that the parking
spaces will serve. Because 529 -555 E. Live Oak Avenue is within 100 feet of the subject
property, surplus parking spaces at this site can be used for Cafe Fusion.
The property at 529 -555 E. Live Oak Avenue currently has 27 parking spaces on -site. The
code requirement for that property is 26 parking spaces; 12 spaces for the office uses, 5
spaces for the retail uses, and 9 spaces for a restaurant. A vacant, free standing, former
automobile service garage is also on this site. But, since the gas station that accompanied
this building was removed, parking is not being ascribed to this structure. Therefore, there
is a surplus of 1 parking space at 529 -555 E. Live Oak Avenue. Observations of this
commercial center indicate that much of the parking is underutilized, particularly in the
evening. The majority of the site is general office with typical business hours, and the two
retail uses are a nail salon that closes at 7:00 p.m. on weekdays, and a take -out only
eating establishment. In addition, the restaurant (CUP 07 -06) is currently unoccupied.
The applicant provided the attached sample parking study for a 2 week period showing the
number of available parking spaces at this location. Available parking spaces were
counted once per hour from 11 a.m. to 10 p.m. each day. The results show that parking at
this Location is busiest during weekday business hours (11 a.m. to 5 p.m.) when
approximately 50 -75% of the parking is occupied. Starting at 5 p.m. the use of these
spaces drops significantly to roughly 25 These numbers indicate that there would be an
average surplus of 7 -13 parking spaces from 11:00 a.m. 5:00 p.m. and 20 surplus
spaces after 5:00 p.m. and on weekends. Staff conducted its own observations during
weekday business hours and verified that not more than 75% of the parking is utilized at
this center. But, this is with the restaurant unoccupied.
Additionally, a new office building is proposed for this site. In July 2008, Planning Services
approved Architectural Design Review No. ADR 08 -06 for a new 2,316 square -foot, two
story office building to be adjacent to the existing 1,047 square -foot, free standing, former
automobile service garage that is to be converted into general office space. In July 2009,
Modification No. MC 09 -24 was approved by the Modification Committee to permit a 5' -0"
street -side yard setback along Sixth Avenue in lieu of the 65' -0" Special Setback to allow
the new building to align with the existing free standing building. On September 17, 2009,
a building permit was issued for this new office building. For these approvals, a new
parking lot was designed for 529 -555 E. Live Oak Avenue that will result in 35 parking
spaces as shown on the attached site plan. The parking requirement for this site with the
approved office building is 35 spaces. Therefore, with the new building, there will be no
surplus parking. But, because the new building will be for general office uses, and is
adding 8 parking spaces to the site, staff believes that much of the parking will remain
underutilized, and therefore the parking study's estimate of 20 surplus parking spaces on-
site during evening hours and weekends is not expected to change.
Supplemental Parking at 600 -618 E. Live Oak Avenue
As an alternative, Cafe Fusion has also entered into discussions with the owners of 600-
618 E. Live Oak Avenue to lease parking spaces at this site, which is approximately 130
feet away to the east across Hempstead Avenue. This would be an additional aspect to
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 5
the parking modification if this property were used for supplemental parking by Cafe
Fusion. Sample agreements are attached.
600 -618 E. Live Oak Avenue has 58 parking spaces for 8,540 square -feet of commercial
space that currently contains a mix of medical and retail uses, along with one restaurant.
The current parking requirement for these uses is 57 spaces as detailed below, which
means there is a surplus of 1 space:
Parking Requirements for 600 -618 E. Live Oak Ave.
Address Use Floor Area Spaces Required
600 Restaurant 1,175 sq. ft. 11.8
602 Retail 1,075 sq. ft. 5.4
606 Medical 1,019 sq. ft. 6.1
608 Medical 995 sq. ft. 6.0
610 Medical 995 sq. ft. 6.0
612 Retail 995 sq. ft. 5.0
614 Retail 995 sq. ft. 5.0
616 Retail 995 sq. ft. 5.0
618 Retail 1,291 sq. ft. 6.5
Totals 8,540 sq. ft. 56.8
The applicant provided the attached sample parking study for a 2 week period showing the
number of available parking spaces at this location. Parking spaces were counted once
per hour from 11:00 a.m. to 10:00 p.m. each day. The results show that this center is
busiest during weekends and on weekday evenings, but only about 50% of the parking is
utilized. These numbers indicate that there would be a surplus of approximately 25
parking spaces even during the busiest time at this center. Staff conducted its own
observations during weekday business hours and found that most of the parking at this
center is not utilized at these times.
Noise and Entertainment
The complaints to Code Services about the subject business from nearby residents
included noise and loud conversations, late night loitering of patrons, and loud music. Cafe
Fusion does not have an Entertainment Permit, and therefore is not permitted to have live
entertainment at this location. An Entertainment Permit requires a public hearing before
the Business Permit and License Review Board, and karaoke requires an approve CUP.
Neither live entertainment, nor karaoke is being requested as part of this CUP application.
Economic Development
The City's Economic Development Manager has reviewed this application, and states that
from an Economic Development perspective, an approval of the Cafe Fusion expansion
would be a positive sign for commercial businesses and property owners during these
difficult economic times, and would be especially good for the East Live Oak Avenue
business district, which has not had the success of other commercial areas of the City.
The expansion of Cafe Fusion underscores the most positive aspects of private business
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 6
and private investment, and their growth, and additional investment by the business owner
should be encouraged.
Public Comments
In response to the initial public hearing notice mailed on July 30, 2009 staff received a
telephone call from Mr. Gerry Wilson, who resides at 5700 Lenore Avenue and is a Senior
Pastor at Arcadia Friends Church at 5705 Lenore Avenue. Mr. Wilson expressed his
opposition to the requested restaurant expansion. He stated that he and other neighbors
are fed up with the parking problems and Tate -night drinking. Patrons use the church
parking lot and residential areas to park, and he believes that the restaurant is operating
beyond 1:00 a.m. on weekends because he has been woken up at 2:00 a.m. on multiple
occasions. He also believes they are serving alcoholic beverages other than just beer and
wine. Mr. Wilson also sent an email to staff stating his opposition to CUP 09 -09, which is
attached to this report.
In response to the recent public hearing notice mailed on October 15, 2009, Mr. Gerry
Wilson contacted Staff and expressed his continued concern about the restaurant
expansion. Mr. Wilson did comment that if the expansion is approved, he is in favor of the
proposal to lease off street parking and reduce the restaurant hours as a way of
addressing his concerns.
Conclusion
Based on the supplemental information showing that parking is available at either potential
lease site, staff is recommending approval of Conditional Use Permit No. CUP 09 -09,
subject to the conditions listed in this report, including Parking Modifications to allow the
leasing and use of 16 off -site parking spaces located at 529 -555 E. Live Oak Avenue; 600-
618 E. Live Oak Avenue; or another location within 130 feet of the subject property.
A denial of Conditional Use Permit Application No. CUP 09 -09 would allow Cafe Fusion to
continue operating as a 68 -seat, 2,040 square -foot restaurant, with a parking deficiency of
11 spaces, on -site beer and wine service, and the late operating hours approved by CUP
04 -02, but without live entertainment and /or karaoke. This proposal, by eliminating the
late operating hours could make this restaurant more compatible with the nearby
residences.
CODE REQUIREMENTS
All City requirements regarding disabled access and facilities, occupancy limits, building
safety, parking and site design, and adjacent rights -of -way improvements are required to
be complied with to the satisfaction of the Building Official, City Engineer, Community
Development Administrator, Fire Marshal, and Public Works Services Director.
CEQA
Proposed projects that are not approved, are by virtue of being denied, exempt from any
further environmental assessment. If approved, however, and if it is determined that no
significant physical alterations to the property are necessary, then this project is
categorically exempt from further environmental review pursuant to the provisions of the
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 7
California Environmental Quality Act (CEQA) as Class 3 Categorical Exemption per
Section 15303(c) of the CEQA Guidelines as a conversion of a small structure under
10,000 square feet in floor area. A Preliminary Exemption Assessment is attached to this
staff report.
FINDINGS
Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit
to be granted, it must be found that all of the following prerequisite conditions can be
satisfied:
1. That the granting of such Conditional Use Permit will not be detrimental to the
public health or welfare or injurious to the property or improvements in such zone or
vicinity.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
3. That the site for the proposed use is adequate in size and shape to accommodate
said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and
other features required to adjust said use with the land and uses in the
neighborhood.
4. That the site abuts streets and highways adequate in width and pavement type to
carry the kind of traffic generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
It is staff's opinion that the proposed restaurant expansion could satisfy all of the
prerequisite conditions.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use Permit
Application No. CUP 09 -09, subject to the following conditions:
1. The hours of operation shall be limited to 11:00 a.m. to 10:30 p.m., Sunday through
Thursday, and 11:00 a.m. to 11:30 p.m., Friday and Saturday with use of the 960
square -foot expansion area limited to 5:00 p.m. to 10:30 pm, Sunday through
Thursday, and 5:00 p.m. to 11 :30 p.m., Friday and Saturday.
2. There shall be no outdoor seating permitted.
3. There shall be no karaoke permitted.
4. Live entertainment shall not be permitted unless a separate Entertainment Permit
is obtained.
5. The sale of beer and wine is to be incidental to the restaurant use. Sales for off
premise consumption or a bar -type use is not allowed. Beer and wine can only be
served in conjunction with the serving of meals.
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 8
6. The maximum number of seats shall be—the lesser of 82 or the maximum
occupancy as determined by the Building Official and Fire Marshal.
7. The use approved by CUP 09 -09 is limited to the restaurant. The restaurant shall
be operated and maintained in a manner that is consistent with the proposal and
plans submitted and approved for CUP 09 -09.
8. A separate sign design review application shall be submitted for all new signs on
the premises. All unpermitted signs shall be removed.
9. The bathroom facilities shall be upgraded to the satisfaction of the Building Official
to meet the Building and /or Plumbing Code requirement of 1 urinal, 1 toilet, and 1
lavatory for men, and 2 toilets and 1 lavatory for women.
10. CUP 09 -09 includes a Parking Modification to allow 14 on -site parking spaces and
the use of 16 off -site parking spaces at locations deemed suitable by the
Development Services Director or designee and located within 130 feet of the
subject property. Agreements /covenants with the City of Arcadia as a party thereto
in forms approved by the City Attorney for the off -site parking spaces shall be
executed and maintained at all times that the off -site parking is required for the use
approved by CUP 09 -09. This Parking Modification does not constitute an approval
of a general reduction or alteration of the parking requirements for the subject
property, but rather only for the restaurant that is herein conditionally approved.
Uses other than this restaurant shall be subject to a new Conditional Use Permit
and /or Parking Modification.
11. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, parking and site design shall be complied with to the satisfaction of
the Building Official, City Engineer, Community Development Administrator, Fire
Marshal, and Public Works Services Director.
12. All conditions of approval shall be satisfied within 60 days. Noncompliance with the
plans, provisions and conditions of approval for CUP 09 -09 shall be grounds for
immediate suspension or revocation of any approvals, including the prior
Conditional Use Permit, CUP 04 -02, which could result in the closing of the entire
restaurant.
13. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its
officers, employees, and agents from and against any claim, action, or proceeding
against the City of Arcadia, its officers, employees or agents to attack, set aside,
void, or annul any approval or condition of approval of the City of Arcadia
concerning this project and /or land use decision, including but not limited to any
approval or condition of approval of the City Council, Planning Commission, or City
Staff, which action is brought within the time period provided for in Government
Code Section 66499.37 or other provision of law applicable to this project or
decision. The City shall promptly notify the applicant of any claim, action, or
proceeding concerning the project and /or land use decision and the City shall
cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officers, employees, and
agents in the defense of the matter.
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 9
14. Approval of CUP 09 -09 shall not take effect until the property owner(s), and
applicants have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of these
conditions of approval.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this application, the Commission should
move to approve Conditional Use Permit Application No. CUP 09 -09; state the supporting
findings and environmental determination, and direct staff to prepare a resolution
incorporating the Commission's decision, specifid determinations and findings, and the
conditions of approval for adoption at the next meeting.
Denial
If the Planning Commission intends to deny this application, the Commission should move
to deny Conditional Use Permit Application No. CUP 09 -09; state the finding(s) that the
proposal does not satisfy with reasons based on the record, and direct staff to prepare a
resolution incorporating the Commission's decision and specific findings for adoption at
the next meeting.
If any Planning Commissioner, or other interested party has any questions or comments
regarding this matter prior to the October 27, 2009 public hearing, please contact Assistant
Planner, Tim Schwehr at (626) 574 -5422, or by email at tschwehr @ci.arcadia.ca.us.
Approved by:
J' asama
ommunity Development Administrator
Attachments: Aerial Photo Vicinity Map
300 -foot radius map
Resolution No. 1704 for CUP 04 -02
Photos of "No Cafe Fusion Parking" signs
Site Plan Floor Plan
Photos of subject site and surrounding uses
Sample agreements for 529 E. Live Oak Ave.
Parking Study for 529 E. Live Oak Ave.
Sample agreements for 600 -618 E. Live Oak Ave.
Parking Study for 600 E. Live Oak Ave.
Email of opposition
Preliminary Exemption Assessment
CUP 09 -09
510 -512 E. Live Oak Ave.
October 27, 2009 Page 10
510 -512 E Live Oak Ave
Arcadia
Zone
529 -555
ELive Oak Ave
600 -618
ELive Oak Ave
Development Services Department
Engineering Division
Prepared by. R.S.Gonzalez, October2009
510.512 E Live Oak Avenue
CUP 09 -09
100
0
(511)
R -3
(521)
100 Feet
(2523)
529 -555
ELive Oak Ave
C -2
(529
(2513)
LIVE OAK AVE
11)
Ci
Los
YNR r
L OSE ST m
Development Services Department
Engineering Division
Prepared by: R.S.Gonzatez, October2009
r
m
z
0
m
510.512 E Live Oak Avenue
CUP 09.09
are SUE MORENO
r (626) 350 -5944
OWNERSHIP OCCUPANTS LIST
RADIUS MAPS LAND USE PLANS
MUNICIPAL COMPLIANCE CONSULTING
12106 LAMBERT AVE.EL MONTE, CA 81732 FAX(326)350-1
PROJECT INFORMATIO..
510, 529 -555, 600 -618 E. LIVE OAK, AVE.
ARCADIA CA.
09 -208
SCALE 1" 200'
YAM 1400•11c
RESOLUTION NO. 1704
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
NO. 2004 -002 FOR THE SALE OF BEER AND WINE IN AN EXISTING
2,000 SQ.FT. RESTAURANT (D.B.A. CAFE FUSION) WITH 68 SEATS
AND OPERATION HOURS OF 11:00 A.M. TO 11:30 P.M., SUNDAY
THROUGH THURSDAY, AND 11:00 A.M. TO 1:00 A.M., FRIDAY AND
SATURDAY, AT 510 E. LIVE OAK AVENUE.
WHEREAS, on March 8, 2004, a conditional use permit application was filed
by C. C. Chang, agent of Cafe Fusion, for the sale of beer and wine in an existing 2,000
sq.ft. Restaurant (d.b.a. Cafe Fusion) with 68 seats and operation hours 11:00 a.m. to
11:30 p.m.. Sunday through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and
Saturday (Development Services Department Case No. CUP 2004 -002) at property
commonly known as 510 E. Live Oak Avenue; and
WHEREAS, a public hearing was held on April 27, 2004, at which time all
interested persons were given full opportunity to be heard and to present evidence.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
ARCADIA.RESOLVES AS.FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the attached report is true and correct.
SECTION 2. This Commission finds:
1. That the granting of such Conditional Use Permit will not be detrimental to
the public health or welfare, or injurious to the property or improvements in such zone or
vicinity because the Initial study did not disclose any substantial adverse effects to the
area affected by the proposed project.
2. That the use applied for at the location indicated is a proper one for which a
Conditional Use Permit is authorized.
3. That the site for the proposed use Is adequate in size and shape to
accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other
features including the shared parking with the neighboring business, are adequate to
adjust said use with the land and uses in the neighborhood. The proposed project
complies with .all related zoning requirements as set forth in the Arcadia Municipal Code.
4. That the site abuts streets and highways adequate in width and pavement
type•to carry the kind of traffic generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan because the land use and current zoning are consistent
with the General Plan.
6. That the use applied for will not have a substantial adverse Impact on the
environment, and that based upon the record as a whole there is no evidence that the
proposed project will have any potential for anadverse effect on wildlife resources or the
habitat upon which the wildlife depends.
SECTION 3. That for the foregoing reasons this commission grants
Conditional Use Permit no. CUP 2004 -002 for the sale of beer and wine in an existing
2,000 sq.ft. restaurant (d.b.a. Cafo Fusion) with 68 seats and operation hours of 11:00
a.m. to 11:30 p.m., Sunday through Thursday. and 11:00 a.m. to 1:00 a.m., Friday and
Saturday at 510 E. Live Oak Avenue, upon the following conditions:
1. The hours of operation shall be limited to 11:00 a.m. to 11:30 p.m., Sunday
through Thursday, and 11:00 a.m. to 1:00 a.m., Friday and Saturday.
2. There shall be no outdoor seating permitted.
3. The sale of beer and wine is incidental to the restaurant use only and is not
intended for off premise consumption or a bar use.
4. The maximum number of .seats shall be 68 or the maximum occupancy as
determined by Building Services, whichever is tower.
5. The use approved by CUP 2004 -002 is limited to the restaurant. The
restaurant shall be operated and maintained In a manner that is consistent with the
proposal and plans submitted and approved for CUP 2004-002.
6. A separate sign design review application shall be submitted for all new signs
on the premises.
7. Any exterior alteration to the building requires the filing and approval of a
design review application.
8. All conditions of approval shall be complied with prior to opening the
restaurant. Noncompliance with the plans, provisions and conditions of approval for
CUP 2004 -002 shall be grounds for immediate suspension or revocation of any
approvals, which could result.in the closing of the restaurant.
9. Approval of CUP 2004002 shall not take effect until the property owner(s),
and applicants have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of these
conditions of approval.
2
1704
10. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officers, employees or agents to attack, set
aside, void, or annul any approval or condition of approval of the City of Arcadia
conceming this project and/or land use decision, including but not limited to any
approval or condition of approval of the City Council, Planning Commission, or City
Staff, which action is brought within the time period provided for in Government Code
Section 66499.37 or other provision of law applicable to this project or decision. The
City shall promptly notify the applicant of any claim, action, or proceeding concerning
the project and /or and use decision and the City shall cooperate fully in the defense of
the matter. The City reserves the right, at its own option, to choose its own attomey to
represent the City, its officers, employees, and agents in the defense of the matter.
SECTION 4. The decision, findings and conditions contained in this Resolution
reflect the Commission's action of April 27, 2004, by the following votes:
AYES: Commissioners Hsu, 'Lucas, Wen, Olson, Baderian
NOES: none
SECTION 5. The Secretary shall certify to the adoption of this Resolution and
shall cause a copy to be forwarded to the City Council of the City of Arcadia.
I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular
meeting of the Planning Commission held on the 27 day of April, 2004, by the following
votes:
ATT`ST.
AYES:
NOES: none
ecretary, P anni mission
City of Arcadia
APPROVED AS TO FORM:
Stephen P. Deitsch, City Attorney
Commissioners Hsu, Lucas, Wen, Olson, Baderian
3
Chairman, Planning Commission
City of Arcadia
1704
w
:;■:=1:.:
17 •;nr.;
y
1
0016 VO 'MOVJUV
IAV MVO 3An •3 0t9
NOISn 31V3
NOLLVailddV dn9
WW1.— odd
NVid 3LS
a
1,
3
1
1
1
1
F
1
f
ti
R
1
1
a
S
t
3
1
1
i
e
1
1
1
i
1
1
1
1
1AV MONTI
00 46 V3 'VIOVDaV
3AV IV0 3A17 '3 0 49
NOISFH 31V3
NOUVJIlddV dfI3
i
NVld a007I
t
1
1
1
6
r
4 I,,,, icy
i E_
_3
BI
1
V
.--i3,--P F FP
11
fl ik
f
ro 1
son Frp,
v.
v I r i
T
E
II
p -,0,,,,,
7
00 46 V3 'VIOVDaV
3AV IV0 3A17 '3 0 49
NOISFH 31V3
NOUVJIlddV dfI3
i
NVld a007I
t
1
1
1
6
a,
Q._
PARKING SPACES LEASE AGREEMENT
Susan Tsai, Spencer Tsai (Leaser) and Cafe Fusion (Lessee) agree as follow:
1. PROPERTY:
Leaser rents to Lessee and Lessee rents from Leaser, the real property and improvements
described as:
16 regular parking spaces located at 529 E. Live Oak Ave., Arcadia, CA 91006
2. TERM:
The term begins on September 1, 2009 (Commencement Date):
Month to Month and continues as month to month tenancy. Lessee may terminate the tenancy
by giving written notice at least 30 days prior to the intended termination date. Leaser may
terminate the tenancy by giving written notice as provided by law. Such notices may be given on
any date.
3. RENT:
Rent shall mean all monetary obligations of Lessee to Leaser under the terms of the Agreement,
except security deposit.
A. Lessee agrees to pay $200 per month for the term of the Agreement.
B. Rent is payable in advance on the 5th day of each calendar month, and is delinquent on the
next day.
C. PAYMENT: Rent shall be paid by cash or check, to
Susan Tsai, Spencer Tsai
529 E. Live Oak Ave., Arcadia, CA 91006
If any payment is returned for non sufficient funds or other reason then all future Rent shall be
paid by cash.
4. SECURITY DEPOSIT:
A. Lessee agrees to pay $200 as a security deposit. Security deposit will be transferred to and
held by the Owner of the Premises.
B. Security deposit shall not be used by Lessee in lieu of payment of last month's rent. All
or any portion of the security deposit may be used as reasonably necessary. If all or any portion
of the security deposit is used during the tenancy, Lessee agrees to reinstate the total security
deposit within five days after written notice is delivered to Lessee.
C. No interest will be paid on security deposit.
5. LATE CHARGE; RETURNED CHECKS:
Lessee acknowledges either late payment of Rent or issuance of a returned check may cause
Leaser to incur costs and expenses, the exact amounts of which are extremely difficult and
impractical to determine. If any installment of Rent due from Lessee is not received by Leaser
within 5 calendar days after the date due, or if a check is returned, Lessee shall pay to Leaser
$50.00 as Late Charge and $20.00 as a NSF fee for the first returned check and $30.00 as a NSF
fee for each additional rettrned check, either or both of which shall be deemed additional Rent.
6. MAINTENANCE:
A. Lessee shall properly use,
landscaping and all mechanic
Premises clean and sanitary.
malfunction or damage. Lesse
Lessee shall be charged for al
timely manner.
B. Lessee's failure to maintai
right to hire someone to perfo
maintenance.
S:
11 Leaser rules and regulations that are at any time posted on the
e. Lessee shall not, and shall ensure that guests and licensees of
endanger or interfere with other tenants of the building or
for any unlawful purposes, including, but not limited to, using,
manufacturing, selling, storing or transporting illicit drugs or other contraband, or violate any law
or ordinance, or commit a waEte or nuisance on or about the Premises.
7. RULES AND REGULATIO
Lessee agrees to comply with
Premises or delivered to Less
Lessee shall not, disturb, ann
neighbors, or use the Premise
8. ALTERATIONS AND REPAIRS:
Without Leaser's prior writter consent, Lessee shall not make any repairs, alterations or
impr vements in or about the Premises.
9. OT R TERMS AND CONDITIONS:
Leas r will not responsible for the damages or personal properties loss of the parked
vehi les.
Lessee
Su Mei Wang, Cafe Fusion
2
teaser
Susan Tsai, Spencer Tsai
perate and safeguard Premises, including if applicable, any
1, electrical, gas and plumbing fixtures, and keep them and the
essee shall immediately notify Leaser, in writing, of any problem,
shall be charged for all repairs or replacements caused by Lessee.
damage to Premises as a result of failure to report a problem in a
any item for which Lessee is responsible shall give Leaser the
such maintenance and charge Lessee to cover the cost of such
0 g—
Date
Date
08/25/2009
l
0
08 25/2009
1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney City of Arcadia
P. O. Box 60021
Arcadia, CA 91066 -6021
COVENANT AND AGREEMENT REGARDING
OFF STREET PARKING AND COMPLY WITH
CITY OF ARCADIA PARKING REQUIREMENTS
This Covenant and Agreement is provided pursuant to Arcadia Municipal Code Section
9269.5 off- street parking requirements and 9269.6 parking location. In order to assure that the
use at 529 -555 E. Live Oak Avenue as specifically described below meets City of Arcadia
parking requirements. This Covenant and Agreement is also made with reference to a Lease
Agreement which is attached as Exhibit "A" and incorporated as part of this Covenant.
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which
is hereby acknowledged,
SU MEI WANG (LEASEE) AND
SUSAN TSAI AND SPENSER TSAI (LEASER)
Hereinafter referred to collectively as "Covenantor" hereby declares to be the Lessee and Leasers
of that certain real property located at 529 -555 E. Live Oak Avenue, in the City of Arcadia,
County of Los Angeles, State of California, legally described as follow:
Tract No. 11382 Lot 6
All of which is hereinafter referred to collectively as the "Affected Land" and incorporated as
part of this Covenant and Agreement. Covenantor hereby agrees and covenants with the City of
Arcadia, a Municipal Corporation (hereinafter referred to as the "Covenantee on behalf of and
for the benefit of the Covenantee's land, which is the public street and right -of -way adjacent and
contiguous to the Affected Land, and on behalf of and for the benefit of the "Benefitted Land"
which consists of and includes all the public and private land located within 500 feet of the
Affected Land as follow:
1. In consideration of the City's grant of a Conditional Use Permit for the purpose of
conducting a restaurant business use on the premise at 510 -512 E. Live Oak Avenue and to
provide adequate parking consistent with standards in the City Zoning Ordinances sections
9269.5 and 9269.6 for said business, Covenantor hereby covenants and agrees that the restaurant
business use at 510 -512 E. Live Oak Avenue shall cease and terminate if, at any time, the current
parking requirements of the City are not satisfied. This shall include any action pursuant to the
Lease referred to herein (Exhibit "A that causes parking provided by said Lease to diminish or
be terminated so as to result in inadequate parking pursuant to City Code requirements for the
business at 510 -512 E. Live Oak Avenue.
2
2. This Covenant and Agreement is for the benefit of the Covenantee and its heirs,
successors and assigns and is for the benefit of and shall inure to the benefit of all the Benefitted
Land and the heirs, successors and assigns of the owners of the Benefitted Land, and this
Covenant and Agreement shall run with the land and shall be binding upon the heirs, successors
and assigns of the Covenantor.
3. The City of Arcadia in its capacity as Covenantee and in its capacity as the legal
representative of the residents of the City of Arcadia and more particularly as the legal
representative of all the owners of the Benefitted Land is hereby authorized to enforce the
provisions of this Covenant and Agreement.
4. This Covenant is also for the benefit of the restaurant business at 510 -512 E. Live
Oak Avenue as specifically described above by allowing the use at the facility to meet City
Zoning requirements. Violation of this Covenant shall be proof that such zoning violations are
not being complied with and the restaurant use at such premises shall not be a permitted use
pending compliance with the parking requirements of the City of Arcadia.
5. If any section, subsection, sentence, clause, phrase or portion of this Covenant and
Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decisions shall not affect the validity of the remaining portions of
this Covenant and Agreement.
IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown
opposite its signature.
"COVENANTOR"
Su Mei Wang Date
"COVENANTOR"
Susan Tsai and Spencer Tsai Date
"COVENANTEE" "CITY OF ARCADIA" a Municipal Corporation
City Manager Date
APPROVED AS TO FORM:
City Attorney Date
1
bl
11 1
1 Z
1Lild
[I
0■
is
1 .4.)
+0
M
M
TUE'
01
00
00
01
01
h
\p
t`
ZT
zi
Il
OI
ZI
00
00
00
r
VO
V7
'd'
VG
`4-
d'
tt
'mot
`.ct
'd'
Zvs
00
Q'
Q
C'
rn
N
7
cr'i
J
ZI
1I
kO
t—
'D
'1
Q'
nxc
LI
81
SI
-1
1'I
ZI
00
M
M
Q7h1
t1I
II
01
O
11
01
00
■D
V0
tr)
kr
Inc
ZI
01
Z1
ZI
ZI
G?+
t--.
'O
tr 1
NOIAI
SI
£I
II
91
11
CO
60
C)
In
M
\D
LD
lD
+D
kel
1
v7
,LVS
I
1I
ZI
II
N
nom.
81
81
Z1
SI
GI
01
O�
00
lam-
�O
M
ti tt
WI I
rudz 1
wdf I
curly I
rods
1 wdz 1
I
wdg I
ur I
Q
0
'1 u
A lai__ �"'CA.LI FORNIA
ASSOCIATION
19r OF REALTORS'
Date (For reference only): September 21, 2009
FAITHKAY, LLC
CAFT FUSION "Landlord and
1. PROPERTY: Landlord rents to Tenant and Tenant rents from Landlord, the real property and Improvements described as: 600 r. zavr OAK Avs.
ARCADIA. CA 91006 (PARKING LOF
comprise approximately /o of the total sggare footage of rentable space in the entire property. See exhibit
("Premises"), which
description of the Premises. for a further
2. TERM: The term begins on (date)
(Check A or B): oataber 1, 2009 "Commencement Date
A. Lease: and shall terminate on (date)
at term of this agreement expires, with Landlord's consent, shall create a month -to -month tenancy that e materminate as specified l in
paragraph 2B. Rent shall be at a rate equal to the rent for the immediately preceding month, payable in advance. All other terms and
conditions of this agreement shall remain in full force and effect.
B. Month -to- month: and continues as a month -to «month tenancy. Either party may terminate the tenancy by giving written notice to the other at
least 30 days prior to the intended termination date, subject to any applicable laws. Such notice may be given on any date.
C. RENEWAL OR EXTENSION TERMS: See attached addendum
3. BASE RENT:
A. Tenant agrees to pay Base Rent at the rate of (CHECK ONE ONLY:)
(1) 200.00 per month, for tf�e term of the agreement.
CI (2) per month, fort a first 12 months of the agreement. Commencing with the 13th month, and upon expiration of
each 12 months thereafter, rent shall be adjusted according to any increase in the U.S. Consumer Price Index of the Bureau of Labor
Statistics of the Department of Labor for All prban Consumers "CPI for
(the city nearest the location of the Premises), based on the following formula: Base Rent will be multiplied by the most current CPI
preceding the first calendar month during iwhich the adjustment is to take effect, and divided by the most recent CPI preceding the
Commencement Date. In no event shall arty adjusted Base Rent be less than the Base Rent for the month immediately preceding the
adjustment. If the CPI is no longer published, then the adjustment to Base Rent shall be based on an alternate index that most closely
reflects the CPI.
per month for the period commencing
per month for the period commencing and ending and
per month for the priod commencing and ending and
(4) In accordance with the attached rent schedule. and ending
(5) Other:
B. Base Rent is payable in advance on the 1st (or day of each calendar month, and is delinquent on the next day.
C. If the Commencement Date falls on any day other than the first day of the month, Base Rent for the first calendar month shall be prorated based
on a 30-day period. If Tenant has paid one full month's Base Rent in advance of Commencement Date, Base Rent for the second calendar month
shall be prorated based on a 30 -day period.
4. RENT:
A. Definition: "Rent shall mean all monetary obligations of Tenant to Landlord under the terms of this agreement, except security deposit.
B. Payment: Rent shall be paid to (Name)
at (address)
location specified by Landlord in writing to Tenant. or at any other
C. Timing: Base Rent shall be paid as specified in paragraph 3. All other Rent shall be paid within 30 days after Tenant is billed by Landlord.
5. EARLY POSSESSION: Tenant is entitled to possession of the Premises on
If Tenant is in possession prior to the Commencement Date, during this time (I) Tenant is not obligated to pay Base Rent, and (II) Tenant is
is not obligated to pay Rent other than Base Rent) Whether or not Tenant is obligated to pay Rent prior to Commencement Date, Tenant is
obligated to comply with all other terms of this agreement.
6. SECURITY DEPOSIT:
A. Tenant agrees to pay Landlord as a security deposit. Tenant agrees not to hold Broker responsible for its return.
(IF CHECKED:) If Base Rent increases during tie term of this agreement, Tenant agrees to increase security deposit by the same proportion
as the increase In Base Rent.
B. All or any portion of the security deposit may be used, as reasonably necessary, to: (I) cure Tenant's default in payment of Rent, late charges,
non sufficient funds "NSF fees, or other sums due; (11) repair damage, excluding ordinary wear and tear, caused by Tenant or by a guest or
licensee of Tenant; (ill) broom clean the P remises if necessary, upon termination of tenancy; and (Iv) cover any other unfulfilled obligation of
Tenant. SECURITY DEPOSIT SHALL. NOT BE US D BY TENANT IN LIEU OF PAYMENT OF LAST MONTHS RENT. If all or any portion of the
security deposit is used during tenancy, Tenant a rees to reinstate the total security deposi withi 5 days after written notice is delivered to
Tenant. Within 30 days after Landlord receives pos ession of the Premises, Landlord shall: (I) furnish Tenant an itemized statement indicating the
am ount of any security deposit received and the asis for its disposition, and (II) return any remaining portion of security deposit to Tenant.
However, if the Landlord's only claim upon the security deposit is for unpaid Rent, then the remaining portion of the security deposit, after
deduction of unpaid Rent, shall be returned within 14 days after the Landlord receives possession.
C. No interest will be paid on security deposit, unless required by local ordinance.
The copyright laws of the United States
unauthorized reproduction of this form, or any portion rtr 17 U.S.; Code) forbid the
machine or any other means, including facsimile or photocopy
computerized
Copyright 1998 -2009, CALIFORNIA ASSOCIATION OF REALTORS® INC.
ALL RIGHTS RESERVED.
CL REVISED 10/01 (PAGE 1 of 6)
COMMERCIAL LEASE AGREEMENT
(C.A.R. Form CL, Revised 10/01)
Landlord's Initials
Tenant's Initials (4i,// )
COMMERCIAL LEASE AGREEMENT (CL PAGE 1 OF 6)
Phone: (6126) 285 8333 Fax: (626) 236 9200
802 E Mission Rd, San,'.Gabriel CA 91776
Reviewed by
Date
EOUAL HOUSING
OPPORTUNITY
I Agent: Jim Lek
Broker: Ko Tai Realty
Prepared using WINForms® software I
600 E. LIVE OAK AVE. 1 WIA,ICA 91006 (PARKING LOT)
Premises: Date September 21, 2009
7. PAYMENTS:
PAYMENT
TOTAL DUE RECEIVED BALANCE DUE DUE DATE
A. Rent: From 10/01/2009 To 200.00 200.00 10/01/09
Date Date
B. Security Deposit i
C. Other:
Category
D. Other:
Category
E. Total: 20. 200.00
8. PARKING: Tenant is entitled to 16 unreserved and reserved vehicle parking spaces. The right
to parking is is not included in the Base Rent charged pursuant to paragraph 3. If not included in the Base Rent, the parking rental fee shall
be an additional per month. Parking space(s) are to be used for parking operable motor vehicles, except for trailers, boats,
campers, buses or trucks (other than pick -up trucks). Tenant shall park in assigned space(s) only. Parking space(s) are to be kept clean. Vehicles
leaking oil, gas or other motor vehicle fluids shall not be parked in parking spaces or on the Premises. Mechanical work or storage of inoperable
vehicles is not allowed in parking space(s) or etsewhere the Premises. No overnight parking is permitted.
9. ADDITIONAL STORAGE: Storage is permitted as follows:
The right to additional storage space is 0 is not included in the Base Rent charged pursuant to paragraph 3. If not included in Base Rent,
storage space shall be an additional per month. Tenant shall store only personal property that Tenant owns, and shall not
store property that is claimed by another, or in which another has any right, title, or interest. Tenant shall not store any improperly packaged food or
perishable goods, flammable materials, explosives, or! other dangerous or hazardous material. Tenant shall pay for, and be responsible for, the
clean -up of any contamination caused by Tenant's use of the storage area.
10. LATE CHARGE; INTEREST; NSF CHECKS: Tenant acknowledges that either late payment of Rent or issuance of a NSF check may cause Landlord
to incur costs and expenses, the exact amount of which are extremely difficult and impractical to determine. These costs may include, but are not
limited to, processing, enforcement and accounting expenses, and late charges imposed on Landlord. If any installment of Rent due from Tenant is
not received by Landlord within 5 calendar days after date due, or if a check is returned NSF, Tenant shall pay to Landlord, respectively,
20.00 as late charge, plus 10% interest per annum on the delinquent amount and $25.00 as a NSF fee, any of which shall be
deemed additional Rent. Landlord and Tenant agree th6t these charges represent a fair and reasonable estimate of the costs Landlord may Incur by
reason of Tenant's late or NSF payment. Any late charge, delinquent interest, or NSF fee due shall be paid with the current installment of Rent.
Landlord's acceptance of any late charge or NSF fee shall not constitute a waiver as to any default of Tenant. Landlord's right to collect a Late Charge
or NSF fee shall not be deemed an extension of the dte Rent is due under paragraph 4, or prevent Landlord from exercising any other rights and
remedies under this agreement, and as provided by law;
11. CONDITION OF PREMISES: Tenant has examined the Premises and acknowledges that Premise is clean and in operative condition, with the
following exceptions:
Items listed as exceptions shall be dealt with in the following manner:
12. ZONING AND LAND USE: Tenant accepts the Premises subject to all local, state and federal laws, regulations and ordinances "Laws Landlord
makes no representation or warranty that Premises are now or in the future will be suitable for Tenant's use. Tenant has made its own investigation
regarding all applicable Laws.
13. TENANT OPERATING EXPENSES: Tenant agrees to pay for all utilities and services directly billed to Tenant
14. PROPERTY OPERATING EXPENSES:
A. Tenant agrees to pay its proportionate share of Landlord's estimated monthly property operating expenses, including but not limited to, common
area maintenance, consolidated utility and service bills, insurance, and real estate taxes, based on the ratio of the square footage of the Premises
to the total square footage of the rentable space in the entire property.
OR B. (If checked) Paragraph 14 does not apply.
15. USE: The Premises are for the sole use as
No other use is permitted without Landlord's prior written consent. If any use by Tenant causes an increase in the premium on Landlord's existing
property insurance, Tenant shall pay for the increased cost. Tenant will comply with all Laws affecting its use of the Premises.
16. RULES /REGULATIONS: Tenant agrees to comply with all rules and regulations of Landlord (and, if applicable, Owner's Association) that are at any
time posted on the Premises or delivered to Tenant. Tenant shall not, and shall ensure that guests and licensees of Tenant do not, disturb, annoy,
endanger, or interfere with other tenants of the buildinP or neighbors, or use the Premises for any unlawful purposes, including, but not limited to,
using, manufacturing, selling, storing, or transporting Ilicit drugs or other contraband, or violate any law or ordinance, or committing a waste or
nuisance on or about the Premises.
17. MAINTENANCE:
A. Tenant OR (If checked, Landlord) shall professionally maintain the Premises including heating, air conditioning, electrical, plumbing and
water systems, if any, and keep glass, windows and doors In operable and safe condition. Unless Landlord is checked, if Tenant fails to maintain
the Premises, Landlord may contract for or perform such maintenance, and charge Tenant for Landlord's cost.
B. Landlord OR❑ (If checked, Tenant) shall maintain he roof, foundation, exterior walls, common areas and
Copyright ©1998 -2009, CALIFORNIA ASSOCIATION OF REALTORS®, INC.
CL REVISED 10/01 (PAGE 2 of 6)
COMMERdIAL LEASE AGREEMENT (CL PAGE 2 OF 6)
Landlord's Initials r
Tenant's Initials
Reviewed by
Date
FUSION
COUAL HOUSING
OPPORTUNITY
600 E. LIVE OAK AVE. ;ADIA, CA 91006 (PARKING LOT)
Premises:
Date September 21, 2009
18. ALTERATIONS: Tenant shall not make any alterations in or about the Premises, including installation of trade fixtures and signs, without Landlord's
prior written consent, which shall not be unreasonably) withheld. Any alterations to -the Premises shall be done according to Law and with required
permits. Tenant shall give Landlord advance notice of the commencement date of ant planned alteration, so that Landlord, at its option, may post a
Notice of Non Responsibility to prevent potential Ilene against Landlord's interest in the Premises. Landlord may also require Tenant to provide
Landlord with lien releases from any contractor performing work on the Premises.
19. GOVERNMENT IMPOSED ALTERATIONS: Any alterations required by Law as a result of Tenant's use shall be Tenant's responsibility. Landlord
shall be responsible for any other alterations required bit Law.
20. ENTRY: Tenant shall make Premises available to Landlord or Landlord's agent for the purpose of entering to make inspections, necessary or agreed
repairs, alterations, or improvements, or to supply necessary or agreed services, or to show Premises to prospective or actual purchasers, tenants,
mortgagees, lenders, appraisers, or contractors. LandI rd and Tenant agree that 24 hours notice (oral or written) shall be reasonable and sufficient
notice. In an emergency, Landlord or Landlord's representative may enter Premises at any time without prior notice.
21. SIGNS: Tenant authorizes Landlord to place a FOR SALE sign on the Premises at any time, and a FOR LEASE sign on the Premises within the 90
(or 0 day period preceding the termination of the agreement.
22. SUBLETTING/ASSIGNMENT: Tenant shall not sublet er encumber all or any part of Premises, or assign or transfer this agreement or any interest in
it, without the prior written consent of Landlord, which shall not be unreasonably withheld. Unless such consent is obtained, any subletting,
assignment, transfer, or encumbrance of the Premises, :agreement, or tenancy, by voluntary act of Tenant, operation of law, or otherwise, shall be null
and void, and, at the option of Landlord, terminate this agreement. Any proposed sublessee, assignee, or transferee shall submit to Landlord an
application and credit information for Landlord's approval, and, if approved, sign a separate written agreement with Landlord and Tenant. Landlord's
consent to any one sublease, assignment, or transfer, Shall not be construed as consent to any subsequent sublease, assignment, or transfer, and
does not release Tenant of Tenant's obligation under th s agreement.
23. POSSESSION: If Landlord is unable to deliver posses ion of Premises on Commencement Date, such date shall be extended to the date on which
possession is made available to Tenant. However, the expiration date shall remain the same as specified in paragraph 2. If Landlord Is unable to
deliver possession within 60 (or0 calendar days after the agreed Commencement Date, Tenant may terminate this agreement by
giving written notice to Landlord, and shall be refunded 1l Rent and security deposit paid.
24. TENANT'S OBLIGATIONS UPON VACATING PREMISES: Upon termination of agreement, Tenant shall: (I) give Landlord all copies of all keys or
opening devices to Premises, including any common areas; (II) vacate Premises and surrender it to Landlord empty of all persons and personal
property; (iii) vacate all parking and storage spaces; 41v) deliver Premises to Landlord in the same condition as referenced in paragraph 11; (v)
clean Premises; (vi) give written notice to Landlord of Tenant's forwarding address; and (vii)
All improvements installed by Tenant, with or without Landlord's consent, become the property of Landlord upon termination. Landlord may
nevertheless require Tenant to remove any such improv ment that did not exist at the time possession was made available to Tenant.
25. BREACH OF CONTRACT /EARLY TERMINATION: In vent Tenant, prior to expiration of this agreement, breaches any obligation in this agreement,
abandons the premises, or gives notice of tenant's inteft to terminate this tenancy prior to its expiration, in addition to any obligations established by
paragraph 24, Tenant shall also be responsible for Idst rent, rental commissions, advertising expenses, and painting costs necessary to ready
Premises for re- rental. Landlord may also recover from tenant: (I) the worth, at the time of award, of the unpaid Rent that had been earned at the time
of termination; (ii) the worth, at the time of award, of the amount by which the unpaid Rent that would have been earned after expiration until the time
of award exceeds the amount of such rental loss the Tenant proves could have been reasonably avoided; and (111) the worth, at the time of award, of
the amount by which the unpaid Rent for the balance of the term after the time of award exceeds the amount of such rental loss that Tenant proves
could be reasonably avoided. Landlord may elect to continue the tenancy in effect for so long as Landlord does not terminate Tenant's right to
possession, by either written notice of termination of possession or by relenting the Premises to another who takes possession, and Landlord may
enforce all Landlord's rights and remedies under this agr Including the right to recover the Rent as it becomes due.
26. DAMAGE TO PREMISES: If, by no fault of Tenant, Premises are totally or partially damaged or destroyed by fire, earthquake, accident or other
casualty, Landlord shall have the right to restore the Premises by repair or rebuilding. If Landlord elects to repair or rebuild, and is able to complete
such restoration within 90 days from the date of damage, subject to the terms of this paragraph, this agreement shall remain in full force and effect. If
Landlord is unable to restore the Premises within this time, or if Landlord elects not to restore, then either Landlord or Tenant may terminate this
agreement by giving the other written notice. Rent shall be abated as of the date of damage. The abated amount shall be the current monthly Base
Rent prorated on a 30-day basis. If this agreement is not terminated, and the damage is not repaired, then Rent shall be reduced based on the extent
to which the damage interferes with Tenant's reasonable use of Premises. If damage occurs as a result of an act of Tenant or Tenant's guests, only
Landlord shall have the right of termination, and no reduction in Rent shall be made.
27. HAZARDOUS MATERIALS: Tenant shall not use, store, generate, release or dispose of any hazardous material on the Premises or the property of
which the Premises are part. However, Tenant is permitted to make use of such materials that are required to be used in the normal course of
Tenant's business provided that Tenant complies with aII applicable Laws related to the hazardous materials. Tenant is responsible for the cost of
removal and remediation, or any clean -up of any contam nation caused by Tenant.
28. CONDEMNATION: If all or part of the Premises is condemned for public use, either party may terminate this agreement as of the date possession is
given to the condemner. All condemnation proceeds, a clusive of those allocated by the condemner to Tenant's relocation costs and trade fixtures,
belong to Landlord. i
29. INSURANCE: Tenant's personal property, fixtures, equi{}ment, inventory and vehicles are not insured by Landlord against loss or damage due to fire,
theft, vandalism, rain, water, criminal or negligent acts bf others, or any other cause. Tenant is to carry Tenant's own property insurance to protect
Tenant from any such toss. In addition, Tenant shall carry liability insurance in an amount of not less than Tenant's liability
insurance shall name Landlord and Landlord's agent as ;additional insured. Tenant, upon Landlord's request, shall provide Landlord with a certificate
of insurance establishing Tenant's compliance. Landlord shall maintain liability insurance insuring Landlord, but not Tenant, in an amount of at least
plus property insurance in an amount sufficient to cover the replacement cost of the property. Tenant is advised to carry
business interruption insurance in an amount at least sufficient to cover Tenant's complete rental obligation to Landlord. Landlord is advised to obtain
a policy of rental loss insurance. Both Landlord and Tenant release each other, and waive their respective rights to subrogation against each other, for
loss or damage covered by insurance.
Copyright ®1998 -2009, CALIFORNIA ASSOCIATION OF REALTORS INC.
CL REVISED 10101 (PAGE 3 of 6)
Landlord's Initials
Tenant's Initials
i Reviewed by
Date
COMMERCI I L LEASE AGREEMENT (CL PAGE 3 OF 6) FUSION
IOWA MUNK
OPPORTUNITY
600 E. LIVE OAK AVE. AL._ _LDIA, CA 91006 (PARKING LOT)
Premises: Date September 21, 2009
30. TENANCY STATEMENT (ESTOPPEL CERTIFICATE):) Tenant shall execute and return a tenancy statement (estoppel certificate), delivered to
Tenant by Landlord or Landlord's agent, within 3 days after its receipt. The tenancstatement shall acknowledge that this agreement is unmodified
and in full force, or In full force as modified, and state the modifications. Failure to comply with this requirement: (I) shall be deemed Tenant's
acknowledgment that the tenancy statement is true and Correct, and may be relied upon a prospective lender or purchaser; and (II) may be treated
by Landlord as a material breach of this agreement. Tenant shall also prepare, execute, and deliver to Landlord any financial statement (which will be
held in confidence) reasonably requested by a prospective lender or buyer.
31. LANDLORD'S TRANSFER: Tenant agrees that the transferee of Landlord's interest shall be substituted as Landlord under this agreement. Landlord
will be released of any further obligation to Tenant regaling the security deposit, only if the security deposit is returned to Tenant upon such transfer,
or if the security deposit is actually transferred to the transferee. For all other obligations under this agreement, Landlord is released of any further
liability to Tenant, upon Landlord's transfer.
32. SUBORDINATION: This agreement shall be subordinate to all existing liens and, at Landlord's option, the lien of any first deed of trust or first
mortgage subsequently placed upon the real property of which the Premises are a part, and to any advances made on the security of the Premises,
and to all renewals, modifications, consolidations, replacements, and extensions. However, as to the lien of any deed of trust or mortgage entered into
after execution of this agreement, Tenant's right to quiefpossession of the Premises shall not be disturbed if Tenant is not in default and so long as
Tenant pays the Rent and observes and performs all of the provisions of this agreement, unless this agreement is otherwise terminated pursuant to its
terms. If any mortgagee, trustee, or ground lessor elects to have this agreement placed in a security position prior to the lien of a mortgage, deed of
trust, or ground lease, and gives written notice to Tenants this agreement shall be deemed prior to that mortgage, deed of trust, or ground lease, or the
date of recording.
33. TENANT REPRESENTATIONS; CREDIT: Tenant warrants that all statements in Tenant's financial documents and rental application are accurate.
Tenant authorizes Landlord and Broker(s) to obtain Tenant's credit report at time of application and periodically during tenancy in connection with
approval, modification, or enforcement of this agreement. Landlord may cancel this agreement: (1) before occupancy begins, upon disapproval of the
credit report(s); or (Ii) at any time, upon discovering th, t Information in Tenant's application is false. A negative credit report reflecting on Tenant's
record may be submitted to a credit reporting agency, if tenant fails to pay Rent or comply with any other obligation under this agreement.
34. DISPUTE RESOLUTION:
A. MEDIATION: Tenant and Landlord agree to mediate' any dispute or claim arising between them out of this agreement, or any resulting transaction,
before resorting to arbitration or court action, subje to paragraph 348(2) below. Paragraphs 34B(2) and (3) apply whether or not the arbitration
provision is initialed. Mediation fees, if any, shall be ivided equally among the parties Involved. If for any dispute or claim to which this paragraph
applies, any party commences an action without firstlattempting to resolve the matter through mediation, or refuses to mediate after a request has
been made, then that party shall not be entitled to re ov er attorney fees, even if they would otherwise be available to that party in any Such action.
THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED.
B. ARBITRATION OF DISPUTES: (1) Tenant and La agree that any dispute or claim in Law or equity arising between them out of this
agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration,
including and subject to paragraphs 34B(2) and (13) below. The arbitrator shall be a retired Judge or justice, or an attorney with at least 5
years of real estate transactional law experience „unless the parties mutually agree to a different arbitrator, who shall render an award in
accordance with substantive California Law. In all other respects, the arbitration shall be conducted in accordance with Part III, Title 9 of
the California Code of Civil Procedure. Judgment] upon the award of the arbitrator(s) may be entered in any court having jurisdiction. The
parties shall have the right to discovery In accordance with Code of Civil Procedure §1283.05.
(2) EXCLUSIONS FROM MEDIATION AND ARBITJATION: The following matters are excluded from Mediation and Arbitration hereunder: (I) a
judicial or non judicial foreclosure or other action or iroceeding to enforce a deed of trust, mortgage, or installment land sale contract as defined in
Civil Code §2985; (ii) an unlawful detainer action; (III) the filing or enforcement of a mechanic's lien; (iv) any matter that is within the Jurisdiction of
a probate, small claims, or bankruptcy court; and (v) an action for bodily injury or wrongful death, or for latent or patent defects to which Code of
Civil Procedure §337.1 or §337.15 applies. The filing' of a court action to enable the recording of a notice of pending action, for order of attachment,
receivership, injunction, or other provisional remedies, shall not constitute a violation of the mediation and arbitration provisions.
(3) BROKERS: Tenant and Landlord agree to mediate and arbitrate disputes or claims involving either or both Brokers, provided either or both
Brokers shall have agreed to such mediation or arbitration, prior to, or within a reasonable time after the dispute or claim is presented to Brokers.
Any election by either or both Brokers to participate in mediation or arbitration shall not result in Brokers being deemed parties to the agreement.
"NOTICE: BY INITIALING. IN THE SOACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING
OUT OF THE MATTERS INCLUDED IN 1'HE'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CA hFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT
POSSESS TO HAVE THE DISPUTE LI��GATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE
BELOW YOU ARE GIVING UP YOUR !JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE
RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE
TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO
ARBITRATE UNDER THE AUTHORItY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.”
"WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING
OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL
ARBITRATION."
Landlord's Initials
Copyright ®1998 -2009, CALIFORNIA ASSOCIATION OF I12EALTORS®, INC.
CL REVISED 10/01 (PAGE 4 of 6)
COMMERCIAL LEASE AGREEMENT (CL PAGE 4 OF 6)
Tenant's Initials 4
Landlord's Initials
Tenant's Initials 4v1/
Reviewed by Date
FUSION
[DUAL NOISING
OPPORTUNITY
Premises:
600 E. LIVE OAK AVE. A IDIA,
CA 91006 (PARKING LOT)
35. JOINT AND INDIVIDUAL OBLIGATIONS: If there is more than one Tenant, each one shall be individually and completely responsible for the
performance of all obligations of Tenant under this agrepment, jointly with every er Tenant, and individually, whether or not in possession.
36. NOTICE: Notices may be served by mail, facsimile, or dourier at the following address or location, or at any other location subsequently designated:
Landlord: Tenant` i
Notice is deemed effective upon the earliest of the followi n: (t) personal receipt by either party or their agent; (ii) written acknowledgement of notice: or
(iti) 5 days after mailing notice to such location by first clas mail, postage pre -paid.
37. WAIVER: The waiver of any breach shall not be constr ed as a continuing waiver
a d hold Landlord er of the same breach or a waiver of any subsequent breach.
38. INDEMNIFICATION: Tenant shall
indemnify, d armless from all claims, disputes, litigation, judgments and attorney fees
arising out of Tenant's use of the Premises.
39. OTHER TERMS AND CONDITIONS /SUPPLEMENTS:
The following ATTACHED supplements /exhibits
are incorporated in this agreement: 0 Option Agreement (C.A.R. Form OA)
40. ATTORNEY FEES: In any action or proceeding arising out of this agreement, the prevailing party between Landlord and Tenant shall be entitled to
reasonable attorney fees and costs from the non prevailing Landlord or Tenant, except as provided In paragraph 34A.
41. ENTIRE CONTRACT: Time is of the essence. All p
constitutes the entire contract. It is intended as a final
agreement or contemporaneous oral agreement. The p
terms, and that no extrinsic evidence whatsoever may b
of this agreement that is held to be invalid shall not aff
be binding upon, and inure to the benefit of, the heirs, a
42. BROKERAGE: Landlord and Tenant shall each pay t
Landlord has utilized the services of, or for any other i
finder, or other entity, other than as named in this a
inquiries, Introductions, consultations, and negotiations
harmless the other, and the Brokers specified herein,
inconsistent with the warranty and representation in this
43. AGENCY CONFIRMATION: The following agency relati
Listing Agent:
(check one):
0 the Landlord exclusively; or 0 both the Tenant and 1
Selling Agent:
(check one): 0 the Tenant exclusively; or 0 the Landi
Real Estate Brokers are not parties to the agreement be
for agreements between Landlord and Tenant are incorporated in this agreement, which
e xpression of the parties' agreement, and may not be contradicted by evidence of any prior
rties further intend that this agreement constitutes the complete and exclusive statement of its
Introduced in any Judicial or other proceeding, if any, involving this agreement. Any provision
ct the validity or enforceability of any other provision in this agreement. This agreement shall
signees and successors to the parties.
Broker(s) the fee agreed to, if any, in a separate written agreement. Neither Tenant nor
eason owes compensation to, a licensed real estate broker (individual or corporate), agent,
reement, in connection with any act relating to the Premises, including, but not limited to,
leading to this agreement. Tenant and Landlord each agree to indemnify, defend and hold
nd their agents, from and against any costs, expenses, or liability for compensation claimed
aragraph 42.
nships are hereby confirmed for this transaction:
(Print Firm Name) is the agent of
Copyright ®1998 -2009, CALIFORNIA ASSOCIATION OF R
CL REVISED 10/01 (PAGE 5 of 6)
COMMERC
andlord.
(Print Firm Name) (if not same as Listing Agent) is the agent of
rd exclusively; or 0 both the Tenant and Landlord.
v een Tenant and Landlord.
EALTORS INC.
Landlord's Initials
Tenant's Initials
Date September 21, 2009
Reviewed by
Date
AL LEASE AGREEMENT (CL PAGE 5 OF 6) FUSION
MIK
OPPORTUNITY MP
Premises:
v Lndlord
re and Tenant acknowledge and agr will hot e fy toning and restrictions; iv) cannot provide legal or t arantee the
avic advice; (v) representations provide made by others, (1 11)
obtain (v) real will not provide o advice or Bro ers not also acting knowledge, education or experience required to in this agreement, Brokers: (vi) do not
detain a real estate license. Furthermore, nt sh ld k
decide wh
at anc rnc rate Landl La andlord and Tenant a ree oil Landlord should that they will seek legall,,ttax, and
ins and other desired the
length or other
terms of t assistance from
eny. od and agree
professionals.
Tenant 44
CAGE FUSION
(Print Name)
Address 510 E. LIVE OAK AVE.
Tenant
600 E. LIVE OAK AVE. ARCADIA,'CA 91006 (PARKING LOT)
CL REVISED 10101 (PAGE 6 OF 6)
City AR IA
Date September 21, 2009
Date September 21, 2009
State CA Zip 91754
Date
(Print Name) City State Zip
Address
F'L e-- Date
Landlord
(o er or agent with authority to enter into this agr ement) City )tRGADIA State CA Zip 91006
Address 600 E. LIVE OAK AVE.
Date
State Zip
Landlord
(owner or agent with authority to enter into this agreement) City
Address i
Agency relationships are confirmed as above. Real estate brokers who are not also Landlord in this agreement are not a party to the agreement between
Landlord and Tenant.
DRE Lic.
Real Estate Broker (Leasing Firm)
DRE Lic. Date
By (Agent)
Address City
State Zip
Telephone
Fax E -mall
DRE Lic.
Real Estate Broker (Listing Firm)
DRE Lic. Date
By (Agent)
City State Zip
Address
Telephone
Fax E -mail
THIS FORM HAS BEEN APPROVED BY THE
NY SPECIFIC CALIFORNIA TRANSACTl0N. A REAL BROKEROIS THEEPERSONOQUALIFIED TO
A ADVISE ON REAL ESTATE
L VALIDITY OR.
ADEQUACY ANY OF ANY PROVISION IN ANY
IF YOU use DESIRE LEGAL OR TAX ADVICE, CONSULT APPROPRIATE the a user PROFESSIONAL.
This form Is available f or b m the entire real estate
of the NATIONAL ASSO t CIATION OFo REALTORS ®who subscribe to It Code R oi Ethi�csLTOR® is a registered collective membership mark
which may be used only Y me
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, INC.
a subsidiary of the California Association of REALTORS®
m 525 South Virgil Avenue, Los Angeles, California 90020
COMMERCIAL LEASE AGREEMENT (CL PAGE 6 OF 6)
I Reviewed by Date
UNARMING
OPPORTUNITY
FUSION
1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City Attorney City of Arcadia
P. O. Box 60021
Arcadia, CA 91066 -6021
COVENANT AND AGREEMENT REGARDING
OFF STREET PARKING AND COMPLY WITH
CITY OF ARCADIA PARKING REQUIREMENTS
This Covenant and Agreement is provided pursuant to Arcadia Municipal Code Section
9269.5 off street parking requirements and 9269.6 parking location. In order to assure that the
use at 600 -618 E. Live Oak Avenue as specifically described below meets City of Arcadia
parking requirements. This Covenant and Agreement is also made with reference to a Lease
Agreement which is attached as Exhibit "A" and incorporated as part of this Covenant.
FOR GOOD, VALUABLE AND ADEQUATE CONSIDERATION, receipt of which
is hereby acknowledged,
SU MEI WANG (LEASEE) AND
JIM LEK FAITHKAY, LLC (LEASER)
Hereinafter referred to collectively as "Covenantor" hereby declares to be the Lessee and Leasers
of that certain real property located at 600 -618 E. Live Oak Avenue, in the City of Arcadia,
County of Los Angeles, State of California, legally described as follow:
Tract No. 15233 Lots 3, 4, 5 and 6
All of which is hereinafter referred to collectively as the "Affected Land" and incorporated as
part of this Covenant and Agreement. Covenantor hereby agrees and covenants with the City of
Arcadia, a Municipal Corporation (hereinafter referred to as the "Covenantee on behalf of and
for the benefit of the Covenantee's land, which is the public street and right -of -way adjacent and
contiguous to the Affected Land, and on behalf of and for the benefit of the "Benefitted Land"
which consists of and includes all the public and private land located within 500 feet of the
Affected Land as follow:
1. In consideration of the City's grant of a Conditional Use Permit for the purpose of
conducting a restaurant business use on the premise at 510 -512 E. Live Oak Avenue and to
provide adequate parking consistent with standards in the City Zoning Ordinances sections
9269.5 and 9269.6 for said business, Covenantor hereby covenants and agrees that the restaurant
business use at 510 -512 E. Live Oak Avenue shall cease and terminate if at any time, the current
parking requirements of the City are not satisfied. This shall include any action pursuant to the
Lease referred to herein (Exhibit "A that causes parking provided by said Lease to diminish or
be terminated so as to result in inadequate parking pursuant to City Code requirements for the
business at 510 -512 E. Live Oak Avenue.
2
2. This Covenant and Agreement is for the benefit of the Covenantee and its heirs,
successors and assigns and is for the benefit of and shall inure to the benefit of all the Benefitted
Land and the heirs, successors and assigns of the owners of the Benefitted Land, and this
Covenant and Agreement shall run with the land and shall be binding upon the heirs, successors
and assigns of the Covenantor.
3. The City of Arcadia in its capacity as Covenantee and in its capacity as the legal
representative of the residents of the City of Arcadia and more particularly as the legal
representative of all the owners of the Benefitted Land is hereby authorized to enforce the
provisions of this Covenant and Agreement.
4. This Covenant is also for the benefit of the restaurant business at 510 -512 E. Live
Oak Avenue as specifically described above by allowing the use at the facility to meet City
Zoning requirements. Violation of this Covenant shall be proof that such zoning violations are
not being complied with and the restaurant use at such premises shall not be a permitted use
pending compliance with the parking requirements of the City of Arcadia.
5. If any section, subsection, sentence, clause, phrase or portion of this Covenant and
Agreement is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decisions shall not affect the validity of the remaining portions of
this Covenant and Agreement.
IN WITNESS WHEREOF, Covenantor has executed this instrument on the date shown
opposite its signature.
"COVENANTOR"
Su Mei Wang Date
"COVENANTOR"
Jim Lek Faithkay, LLC Date
"COVENANTEE" "CITY OF ARCADIA" a Municipal Corporation
City Manager Date
APPROVED AS TO FORM:
City Attorney Date
00
ON
ON
C-
l
C+G
11 o
11 z
N
N
11
Z1
MON
to
r-
17
1 01
■O
'Cr
N
M
N
N
in
VI
L1
OZ
91
9I
zz
81
0
oN
NO
00
i I2Ig
01
ON
rON
01 1
81
61
oo
OZ
91
PI
00
cr
'r
TI 1
s
17
LI
61
OT
•e-
re)
a�
00
r
No
ZI
ON
rei
-r
HffflIL
ZI
01
Z1
Oo
N
NOW
zl
f z
Z t
str
Nf1S
11
ON
ON
1
4 t
kr)
.tvs
trl
LI
£Z
ii
LI
f 1z
61
ZI
01
f Z
00
11
11
01
LI
LI
81
f bZ
Ll
El
r
00
OI
El
91
61
81
01
tun
urd j
wdz
wd£
wd d
urds II
wdy
urdz I
iild;91
wd6
Tim Schwehr
From: J Gerry Wilson [gerwil ©sbcglobal.net]
Sent: Wednesday, August 05, 2009 3:45 PM
To: Tim Schwehr
Subject: Application CUP 09 -09
Page 1 of 1
Tim Schwehr, Assistant Planner,
Thanks for taking my phone call the other day, and for the brief conversation yesterday, as you were
taking pictures in our church parking lot. Once again, for the record, let me voice my personal (as a
neighbor) and professional (as Senior Pastor of Arcadia Friends Community Church and Preschool)
objection to the request of Michael Hsiao for a Conditional Use Permit at his restaurant located at 510-
512 E. Live Oak Ave. in Arcadia.
I fmd it ironic that Mr. Hsiao is only now trying to legalize the use of facilities that he has been using
and abusing for the last few years since he opened for business.
The reality of the situation, speaking as a resident at 5700 Lenore Ave, that is behind the alley where his
parking and entrance is, there is no room in our neighborhood for his business to expand, or to stay at
the present level of use. He does not have anywhere near enough parking, which results in his
customers parking in our church parking lot and on both sides of our street, three to four houses south
of my own home. I am tired of the parking issues, the noise late at night (2am) as people leave. I have
had to personally pick up trash and bottles left in the street and our parking lot, as well as wash down
the pavement of vomit left by his customers.
As the Block Captain for our Neighborhood Watch Program, I can say on behalf of my neighbors on
Lenore AVe that not only do we object to this expansion, we would hope that the City would step in
and clearly curtail what is happening at Mr. Hsiao's business. It has turned our quiet neighborhood into
an often noisy, dangerous and dirty environment.
If you need further info or details, or have questions, please don't hesitate to contact
me. gerwil @sbcglobal.net Horne 626 -574 -7329
Office 626 445 -2130
Cell 626- 826 -4982
Sincerely,
J. Gerry Wilson,
Concerned Neighbor Senior Pastor of Arcadia Friends Community Church
5700 Lenore Ave
Arcadia, CA 91006
R/7/9nn9
1. Name or description of project:
PRELIMINARY EXEMPTIO$1 ASSESSMENT
(Certificate of Determination When Attached to Nbtice of Exemption)
Conditional Use Permit Application No. CUP 09 -09 for a 960 square -foot expansion to an existing 2,040 square
foot restaurant located at 510 -512 E. Live Oak Avenue.
2. Project Location Identify street address and cross streets or attach a map showing project site (preferably a
USGS 15' or 7W topographical map identified by quadrangle name):
510 -512 E. Live Oak Ave. (between Hampstead Avenue and Lenore Avenue)
3. Entity or person undertaking project: A. City of Arcadia
B. Other (Private)
(1) Name: Michael Hsiao (d.b.a. Avant Garde Design Int.)
(2) Address: 2063 S Atlantic #2D
Monterey Park, CA 91754
(3) Phone: (323) 263 -2484
4. Staff Determination:
The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the
City's "Local Guidelines for Implementing the Califomia Environmental Quality Act (CEQA)" has concluded that
this project does not require further environmental assessment because:
a. The proposed action does not constitute a project under CEQA.
b. The project is a Ministerial Project.
c. The project is an Emergency Project.
d. The project constitutes a feasibility or planning study.
e. The project is categorically exempt. Applicable Exemption Class: 3
Section No.: 15303(c)
f. The project is statutorily exempt. Applicable Exemption:
Section No.:
g. The project is otherwise exempt on the following basis:
h. The project involves another public agency which constitutes the Lead Agency.
Name of Lead Agency:
Date: October 8, 2009 Staff: Tim Schwehr, Assistant Planner
DATE: February 9, 2010
T9: Arcadia Planning Commission
FROM: Jim Kasama, Community Development Administratq
Tim Schwehr, Assistant Planner i w5
SUBJECT: Cafe Fusion (CUP 09 -09) 510 -512 E. Live Oak Avenue
MEMORANDUM
Development Services Department
On October 27, 2009, the Planning Commission approved CUP 09 -09 (Resolution
1801) to permit Cafe Fusion's previously unpermitted expansion into the adjacent
960 square -foot unit at 510 -512 E. Live Oak Avenue. Several conditions of approval
were required to be satisfied within 60 days and prior to use of the expansion area.
And, noncompliance with the plans, provisions, and conditions of approval is grounds
for immediate suspension or revocation of any approvals, including the prior
Conditional Use Permit, CUP 04 -02 (Resolution 1704), which could result in the
closing of the entire restaurant.
The specific conditions to be satisfied within 60 days and prior to the use of the
expansion were the following:
1. All live entertainment equipment or karaoke related equipment shall be
removed from the premises.
2. All unpermitted signs shall be removed.
3. The bathroom facilities shall be upgraded to meet the Building Official's
requirement of 1 urinal, 1 toilet, and 1 lavatory for men, and 2 toilets and 1
lavatory for women.
4. Agreements /Covenants for the use of 16 off-site parking spaces at 600 -618
E. Live Oak Avenue shall be submitted to the City Attorney for review, and
following approval, recorded in the Office of the County Recorder.
Following inspection of the subject business, staff can report that the live
entertainment and karaoke equipment have not been removed from the premises.
The unpermitted signs have been removed from the front of the building, but an
unpermitted sign and unpermitted banner are still displayed at the back of the
building. New signage has been installed at the front of the building, but no building
permits were obtained. The new sign has an exposed raceway that was not included
on the plans approved in design review (SADR 08 -48). The upper portion of the front
of the building has also been painted a purple /pink color without consulting staff or
receiving City approval. The bathroom facilities have not been upgraded and no
plans to upgrade them have been submitted to the City's Building Services. No
Agreements /Covenants for the use of 16 off -site parking spaces have been
submitted to the City Attorney for review.
On the evening of January 18, 2009, staff conducted a site inspection of the
business to determine if the 960 square -foot expansion was in use. At that time, no
patrons were dining in the expansion, but tables and chairs with place settings were
set up in the expansion area. However, it should be noted that the expansion has
been set up in this manner since the restaurant first applied for their CUP in May of
2009. The Development Services Department has not received any recent
complaints from neighbors or adjacent businesses about this restaurant. Since the
October 27 Planning Commission Meeting, Code Services and Planning Services
have been in contact with the owner and manager of Cafe Fusion, and have
informed them of the need to comply with City regulations and the specific conditions
of approval stated in CUP 09 -09, but no efforts have been made to remedy the
violations or satisfy the conditions of approval. Therefore, Planning Services and the
Business License Office are revoking the CUP's and the business license of Cafe
Fusion at 510 -512 E. Live Oak Avenue.
Attachments: Resolution 1801 CUP 09 -09
Resolution 1704 CUP 04 -02
Photos of subject property
Approved Sign Plans SADR 08 -48
F-
Z o
tr z
w 00 0)
0 m W z
U v) ..m W
U g g= _1
p
ce
6 D
w 0
O O
U CD Z Z U
W WQ 2
H
U I p
O
0 0 2 Cam')
U
0 w I-
2 l� Q
I— 0 m O CO
CO Z
(.1 O 0
a ix w Z
Q m JZ re
in 0 6 W co
'V' LL. W J
z J F- Z Z 0
P. re 5 w W
V
m Q
O
0 HZ U
Z til
U.
pm Z z o
WZNCtrWix W
J J U =V re w- <I-��g m_i
t 0
Z�
ZI m H
<3001203, wU O
Z
X w F=
V O� m 1 F Op
Jm1-_a QF- W
DI- ceJw=te OQ
_p =W= tr
.1= 1 �fAcc-w 'w
8. iz° R wcno 0i
?N Z� tt0 Zw
W C OO co b
C_9st>-pW W F_- W
'wJW
—1 O F- W
-1OVOUO2 2
0
N
L p c'l r
....-.1 r" i
6 c Q r-t 4
tgti
If
Sn7d cW ji'dV
O
c0
0
0
0
O
U
O)
0
0
CV
f0
N
0
0
0
c
o_wawO� cm
w c
z u) Z ei
oLu
E -J(1
u
REI
W
RESOLUTION NO. 1813
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.
CUP 10 -01 TO OPERATE A TUTORING CENTER WITH UP TO 80
STUDENTS WITHIN 4,313 SQUARE -FEET OF EXISTING OFFICE SPACE
ON THE SECOND -FLOOR OF THE COMMERCIAL SHOPPING CENTER
AT 1135 W. HUNTINGTON DRIVE.
WHEREAS, on January 11, 2010, an application was filed by Elite of Arcadia, Inc. for
a tutoring center with a maximum of 80 students within 4,313 square -feet of existing office
space on the second -floor of the commercial shopping center; Development Services
Department Case No. CUP 10 -01; at 1135 W. Huntington Drive;
WHEREAS, a public hearing was held by the Planning Commission on February 23,
2010, at which time all interested persons were given full opportunity to be heard and to
present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA
RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development Services
Department in the staff report dated February 23, 2010 are true and correct.
SECTION 2. This Commission finds:
1. That the granting of such Conditional Use Permit will not be detrimental to the
public health or welfare, or injurious to the property or improvements in such zone or vicinity
because the proposed tutoring center will not conflict with the other uses at this site or the
businesses and residences in the surrounding area.
2. That the use applied for at the location indicated is a proper one for which a
Conditional Use Permit is authorized by Section 9275.1.35.1 of the Arcadia Municipal Code.
3. That the site for the proposed use is adequate in size and shape to
accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping
and other features required to adjust said use with the land and uses in the neighborhood.
4. That the site abuts streets and highways adequate in width and pavement type
to carry the kind of traffic generated by the proposed use. The subject property is accessible
from Huntington Drive, Michillinda Avenue, and Sunset Boulevard, all of which are adequate
in width and pavement type for the traffic that is and will be generated by the residences and
businesses in the area, including the tutoring center that is approved by Conditional Use
Permit No. CUP 10 -01.
5. That the granting of Conditional Use Permit No. CUP 10 -01 will not adversely
affect the comprehensive General Plan because a tutoring center is consistent with the
General Plan Land Use Designation for the subject area.
6. That the conversion of existing facilities to a tutoring center qualifies as a Class
3 Categorical Exemption of the California Environmental Quality Act (CEQA) as a conversion
of a small commercial structure per Section 15303(c) of the CEQA Guidelines. Furthermore,
the use applied for will not have a substantial adverse impact on the environment, and based
upon the record as a whole there is no evidence that the proposed project will have any
potential for an adverse effect on wildlife resources or the habitat upon which wildlife
depends.
SECTION 3. That for the foregoing reasons this Commission grants Conditional
Use Permit No. CUP 10 -01, for a tutoring center with a maximum of 80 students within 4,313
square -feet of existing office space on the second -floor of the commercial shopping center
at 1135 W. Huntington Drive, subject to the following conditions:
1. There shall not be more than fifty (50) students and thirteen (13) faculty and staff
members at any time on weekdays, and no more than eighty (80) students and thirteen (13)
faculty and staff at any time on Saturday. The tutoring center shall be closed on Sunday.
Students shall arrive and depart in accordance with the schedule proposed and approved for
CUP 10 -01.
2 1813
2. Instruction shall be limited to Tuesday- Thursday, 3:30 p.m. to 7:30 p.m., Friday,
4:00 p.m. to 8:30 p.m., and Saturday 8:30 a.m. to 6:00 p.m., except for 8 weeks in summer
and 2 weeks in winter when instruction will be limited to Monday- Friday, 8:30 a.m. to 6:30
p.m. and Saturday 8:30 a.m. to 6:00 p.m.
3. The use approved by CUP 10 -01 is limited to the proposed after school tutoring
center and it shall be operated and maintained in a manner that is consistent with the
proposal and plans submitted and approved for CUP 10 -01, subject to the satisfaction of the
Development Services Director or designee.
4. Noncompliance with the plans, provisions and conditions of approval for CUP
10 -01 shall be grounds for immediate suspension or revocation of any approvals, which
could result in the closing of the tutoring center.
5. All City requirements regarding disabled access and facilities, occupancy limits,
building safety, emergency equipment, parking and site design, and water supply and
irrigation systems are required to be complied with to the satisfaction of the Building Official,
City Engineer, Community Development Administrator, Fire Marshal, and Public Works
Services Director.
6. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and
its officers, employees, and agents from and against any claim, action, or proceeding
against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or
annul any approval or condition of approval of the City of Arcadia concerning this project
and /or land use decision, including but not limited to any approval or condition of approval of
the City Council, Planning Commission, or City Staff, which action is brought within the time
period provided for in Government Code Section 66499.37 or other provision of law
applicable to this project or decision. The City shall promptly notify the applicant of any
claim, action, or proceeding concerning the project and /or land use decision and the City
3 1813
shall cooperate fully in the defense of the matter. The City reserves the right, at its own
option, to choose its own attorney to represent the City, its officers, employees, and agents
in the defense of the matter.
7. Approval of CUP 10 -01 shall not take effect until the property owner(s),
applicant, and business owner(s) /operator(s) have executed and filed the Acceptance Form
available from the Development Services Department to indicate awareness and acceptance
of these conditions of approval
ATTEST:
SECTION 4. The Secretary shall certify to the adoption of this Resolution.
Passed, approved and adopted this 9th day of March, 2010.
Secretary, Planning Commission
APPROVED AS TO FORM:
n. e
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
4 1813
RESOLUTION NO. 1814
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ARCADIA, CALIFORNIA, APPROVING
TENTATIVE PARCEL MAP NO. TPM 09 -08 (71182) AND
THE RENEWAL OF RESIDENTIAL- MOUNTAINOUS
DEVELOPMENT PERMIT NO. RM 07 -01 FOR THE
SUBDIVISION AND DEVELOPMENT OF AN
APPROXIMATELY 90 -ACRE PROPERTY GENERALLY
LOCATED NORTH OF THE TERMINUS OF VISTA
AVENUE AND NORTH AND NORTHWEST OF CANYON
ROAD.
WHEREAS, on August 5, 2009, a Tentative Parcel Map application
was filed by Mr. Hank Jong of EGL Associates, Inc. on behalf of Nevis
Homes, Development Services Department Case No. TPM 09 -08, in
conjunction with the renewal of a related Residential Mountainous
Development Permit No. RM 07 -01 for the development of two new single
family residences on an approximately 90 -acre property generally located
north of the terminus of Vista Avenue and north and northwest of Canyon
Road; and
WHEREAS, pursuant to the provisions of the California
Environmental Quality Act, Public Resources Code Section 21000 et seq.
"CEQA and the State's CEQA Guidelines, the City of Arcadia prepared
an Initial Study and determined that there is no substantial evidence that the
approval of Tentative Parcel Map Application No. TPM 09 -08 (71182) and
the renewal of Residential Mountainous Development Permit Application
No. RM 07 -01 would result in a significant adverse effect on the
environment with the incorporation of mitigation measures. Accordingly, a
Mitigated Negative Declaration has been prepared and notice of that fact
was given in the manner required by law; and
WHEREAS, a duly noticed public hearing was held by the Planning
Commission on February 23, 2010, at which time all interested persons
were given full opportunity to be heard and to present evidence.
NOW THEREFORE, THE PLANNING COMMISSION OF THE
CITY OF ARCADIA RESOLVES AS FOLLOWS:
SECTION 1. That the factual data submitted by the Development
Services Department in the attached report is true and correct.
SECTION 2. This Commission finds:
1. That the granting of such Residential- Mountainous Development
Permit will not result in any of the following:
a. Excessive or unnecessary scarring of the natural terrain and
landscape through grading or removal of vegetation; or
b. Unnecessary alteration of a ridge or crestline; or
c. Unnecessarily affect the view from neighboring sites; or
d. Adversely affect existing development or retard future
development in this zone; or
-2- 1814
e. Be inconsistent with the provisions of Division 0 of Part 5 of
Chapter 2 of Article IX of the Arcadia Municipal Code.
2. That the use applied for will not have a substantial adverse impact
on the environment with the incorporation of mitigation measures, and that
based upon the record as a whole, there is no evidence that the proposed
project, if implemented in accordance with the attached Mitigation
Monitoring and Reporting Program (MMRP) will have any potential for an
adverse effect on wildlife resources or the habitat upon which the wildlife
depends.
SECTION 3. The Planning Commission hereby approves and
adopts that certain Mitigation Monitoring and Reporting Program (MMRP)
prepared for Tentative Parcel Map Application No. TPM 09 -08 (71182) and
Residential- Mountainous Development Permit Application No. RM 07 -01.
SECTION 4. That for the foregoing reasons this Commission
approves Tentative Parcel Map No. TPM 09 -08 (71182) and the renewal of
Residential Mountainous Development Permit No. RM 07 -01, for the
subdivision and development of an approximately 90 -acre site generally
located north of the terminus of Vista Avenue and north and northwest of
Canyon Road, subject to the following conditions:
-3- 1814
1. The applicant shall agree to and execute the Mitigation
Monitoring and Reporting Program (MMRP) thereby agreeing to pay the
City any applicable fees and expenses to implement the mitigation measures
in the design, construction, and maintenance of the project. All mitigation
measures shall effectively be conditions of approval.
2. An updated arborist report shall be submitted and shall have been
approved by the Development Services Director prior to the issuance of a
grading permit with renewal of Oak Tree Permit No. TR 08 -04.
3. All structures shall be sprinklered per the City of Arcadia Fire
Department Single and Multi Family Dwelling Sprinkler Standard.
4. All structures shall comply with building regulations for the
Wildland -Urban Interface area.
5. All landscaping within 30 feet of all structures shall be fire
resistant and provided with means of irrigation. Landscaping within a
distance of 30 to 100 feet of all structures shall be cleared of all dead and/or
non -fire resistant vegetation. A detailed landscaping plan showing
compliance with these requirements shall be provided upon building permit
application.
-4- 1814
6. A 36 -inch box oak tree shall be planted on each property in or
adjacent to the right -of -way; the specific placements are to be determined by
the Public Works Services Department.
7. All 11 items listed in the attached memorandum dated January 27,
2010 from the Public Works Services Department.
8. The applicant shall grant any easements deemed necessary by the
City Engineer and/or Public Works Services Director for utility and/or
public maintenance activities.
9. The truck haul route for graded earth material shall be as follows:
South on Canyon Road to Elkins Avenue, west to Santa Anita Avenue,
south to the 210 freeway, east to the 605 freeway, south to the 60 freeway,
and east to the Puente Hills Landfill. Any alterations are to be approved by
the City Engineer.
10. At least 48 hours prior to the commencement of grading
activities, the applicant shall hand deliver written notification to all
residents along the haul route between the point of activity and the 210
freeway, detailing the proposed construction staging plan, haul route and
schedule, and other pertinent grading and construction information.
11. All City requirements regarding building safety, fire prevention,
detection, suppression, emergency access, landscaping, water supply and
-5- 1814
water facilities, trash reduction and recycling requirements, and NPDES
measures shall be complied with to the satisfaction of the Building Official,
Fire Marshal, Police Chief, Public Works Services Director and
Development Services Director. Compliance with these requirements is to
be determined by having fully detailed construction and grading plans
submitted for plan check review and approval.
12. The applicant shall defend, indemnify, and hold harmless the City
of Arcadia and its officers, employees, and agents from and against any
claim, action, or proceeding against the City of Arcadia, its officers,
employees or agents to attack, set aside, void, or annul any approval or
condition of approval of the City of Arcadia concerning this project and/or
land use decision, including but not limited to any approval or condition of
approval of the City Council, Planning Commission, or City Staff, which
action is brought within the time period provided for in Government Code
Section 66499.37 or other provision of law applicable to this project or
decision. The City shall promptly notify the applicant of any claim, action,
or proceeding concerning the project and/or land use decision and the City
shall cooperate fully in the defense of the matter. The City reserves the
right, at its own option, to choose its own attorney to represent the City, its
officers, employees, and agents in the defense of the matter.
-6- 1814
13. Noncompliance with the plans, provisions and conditions of
approval for TPM 09 -08 (071182), RM 07 -01, and any subsequent renewal
of TR 08 -04 shall be grounds for immediate suspension and/or revocation of
any approvals.
14. Approval of TPM 09 -08 (071182), RM 07 -01, and the subsequent
Oak Tree Permit shall not take effect until the property owner, civil
engineer, and applicant have executed and filed the Acceptance Form
available from the Development Services Department to indicate awareness
and acceptance of the conditions of approval, and that all conditions of
approval shall be satisfied prior to final inspection and issuance of a
Certificate of Occupancy for the residences.
SECTION 5. The Secretary shall certify to the adoption of this
Resolution.
Passed, approved and adopted this 9th day of March, 2010.
ATTEST:
Secretary, Planning Commission
APPROVED AS TO FORM:
Set, P. 6-6,6€
Stephen P. Deitsch, City Attorney
Chairman, Planning Commission
7- 1814
MINUTES
ARCADIA PLANNING COMMISSION
Tuesday, February 23, 2010, 7:00 P.M.
Arcadia City Council Chambers
The Planning Commission of the City of Arcadia met in regular session on Tuesday, February
23, 2010 at 7:00 p.m., in the Council Chambers of the City of Arcadia, at 240 W. Huntington
Drive with Chairman PerriIle presiding.
PLEDGE OF ALLEGIANCE
ROLL CALL:
PRESENT: Commissioners Baderian, Baerg, Beranek, Hsu and PerriIle
ABSENT: None
OTHERS ATTENDING
Deputy Development Services Director /City Engineer, Phil Wray
Community Development Administrator, Jim Kasama
Senior Planner, Lisa Flores
Associate Planner, Tom Li
Assistant Planner, Tim Schwehr
Senior Administrative Assistant, Billie Tone
SUPPLEMENTAL INFORMATION FROM STAFF REGARDING AGENDA ITEMS
A copy of an e-mail message from a resident in opposition to Item 3 and a revised operating
schedule for the tutoring center in Item 2 were distributed to each Commissioner.
TIME RESERVED FOR THOSE IN THE AUDIENCE WHO WISH TO ADDRESS THE
PLANNING COMMISSION ON NON PUBLIC HEARING MATTERS Five minute time limit
per person
None
PUBLIC HEARINGS
1. HOMEOWNERS' ASSOCIATION APPEAL NO. HOA 10 -01
1911 Alta Oaks Drive
Dennis and Rowena Dureg (Homeowners)
Paul and Sue Sivas (Appellants)
Curtis and Beth Kerrick (Appellants)
Tracy and Terry Totten (Appellants)
Patricia Wood (Appellant)
This is an appeal of the Highland Oaks Homeowners' Association's Architectural Design
Review Board approval of a 1,026 square -foot, second -story addition to the existing 2,300
square -foot, one story residence.
Senior Planner, Lisa Flores, presented the staff report.
The Public Hearing was opened.
Chairman Parrille asked if the homeowner, or anyone else who is in favor of the project
would like to address the Commission.
There were none.
Chairman Parrille asked if anyone wanted to speak in favor of the appeal, that is, against
the project.
Mr. Curtis Kerrick said that he is the neighbor directly to the south of the project site. He
said that he and his wife purchased their home because they were attracted to the open
views and spacious character of the neighborhood. Mr. Kerrick pointed out that the
neighborhood is made up of single -story, ranch style homes and he feels that the
proposed second story addition will change the complexion of the area and diminish the
pool of potential buyers of property in the neighborhood.
Mrs. Beth Kerrick said that her family chose to purchase their home in this area because
they loved the extensive landscaping with the homes nestled in among lots of greenery.
She believes that the proposed addition to the neighbor's house will loom over her
property and create a closed in feeling. Mrs. Kerrick said she is mainly concemed with
the loss of the forest -like character of the neighborhood.
Mr. Paul Sivas said he has lived to the south of the project site for about 35 years. He
said that he can see the bottom of the Dureg chimney from his property; not the top as
depicted in the diagram. He expressed his disappointment that one resident can impose
his will on his neighbors, thus Changing the character of his neighbor's property.
Chairman Parrille asked if anyone from the Homeowners' Association or Architectural
Review Board wanted to speak on this item.
Mr. Ralph Bicker, Chairman of the Architectural Review Board of the Highland
Homeowners' Association, explained that in the past, he was advised by the City Attorney
that the HOA did not have the authority to deny a project based on possible interference
with another neighbor's view or because it was a two -story structure. He said he
sympathized with the appellants, but felt that there was no justification for the HOA to deny
the application. Mr. Bicker offered to answer any questions the Commissioners might
have.
Commissioner Beranek asked Mr. Bicker if he had been in the Sivas' backyard and if he
could see the top or the bottom of the chimney. Mr. Bicker said that he had visited the
Sivas' backyard and he felt that they would not see anything much below the eaves of the
second story.
Mr. Sivas presented a photo of the project site taken from his backyard.
Chairman Parrille asked if anyone wanted to speak in rebuttal.
PC MINUTES
2 -23-10
Page 2
Mr. Craig Stoddard, the architect for the owners, said that when he became aware of the
objections to the project, he went to the Sivas' house and found that from the backyard, only
the top of the chimney at the project site was visible over the existing hedge. He noted that
his clients, the Duregs, offered to install another hedge in the Sivas' backyard.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to close the
Public Hearing. Without objection the motion was approved.
Commissioner Beranek said that he read all the material provided and visited the
neighborhood. While there, he saw several two-story houses. Therefore, he felt that as
long as the applicants abide by all applicable regulations and there is no objection to the
design pattern, there is no basis to approve the appeal.
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Hsu to deny
Homeowners' Association Appeal No. HOA 10 -01.
ROLL CALL:
AYES: Beranek, Hsu and Perri Ile
NOES: Baderian and Baerg
There is a five working day appeal period after the Planning Commission decision. Appeals
to the City Council are to be filed by 5:30 p.m. on Wednesday, March 3, 2010.
NOTE: At the request of the applicant, item 2 was moved to the end of the Public
Hearings section of the agenda.
3. TENTATIVE PARCEL MAP NO. TPM 09-08 (71182) AND RESIDENTIAL MOUNTAINOUS
PERMIT NO. RM 07 -01
This site is an approximately 90 -acre property generally located north of the terminus of
Vista Avenue and north and northwest of Canyon Road extending east to the boundary of
Wilderness Park. The area to be developed is on the west side of Canyon Road between
2109 and 2127 Canyon Road
Hank Jong of EGL Associates, Inc. (Engineer)
The applicant is requesting the Tentative Parcel Map for a two parcel subdivision and
renewal of a Residential Mountainous Permit for the grading of proposed Parcels 1 and 2.
Parcel 1 would be developed with a two -story, 5,490 square -foot residence, and Parcel 2
would be developed with a two-story, 5,110 square -foot residence. The grading to
accommodate the proposed developments would involve approximately 5,000 cubic-yards
of cut and 40 cubic -yards of fill.
Associate Planner, Tom Li, presented the staff report.
Commissioner Hsu asked if erosion was a concern on this project. Mr. Li said that it was
taken into consideration when the grading plan was approved.
PC MINUTES
2 -23-10
Page 3
Commissioner Hsu asked what safeguards would be taken to avoid landslides. City
Engineer, Mr. Wray said that in accordance with the proposed plan, grading will only take
place around the pad with retaining walls and drainage swales installed to protect the
hillside.
Commissioner Baderian asked if the increased truck traffic will have any significant impact
on Santa Anita Avenue. Mr. Wray said that no significant impact is expected as Santa Anita
Avenue is designed for heavy use.
Commissioner Baderian asked if the restrictions could be applied to truck traffic near
Highland Oaks School to avoid interfering with student pick up and drop off. Mr. Wray said
that there are requirements in place to protect the student traffic.
The public hearing was opened.
Chairman Parrille asked if anyone wanted to speak in favor of the project.
Mr. Hank Jong, the civil engineer for the project, said that the applicant is willing to comply
with all conditions of approval and that he would be pleased to answer the Commissioners'
questions.
Commissioner Beranek asked if the two houses would be placed side by side or separated.
Mr. Jong said that they would be separated.
Chairman Parrille asked if anyone wanted to speak in opposition to the project.
There were none.
MOTION:
It was moved by Commissioner Hsu, seconded by Commissioner Beranek, to close the
Public Hearing. Without objection the motion was approved.
Commissioner Baderian asked if the city still required a $200,000 non refundable deposit
from the applicant for hillside maintenance. Mr. Kasama explained that the deposit is no
longer required because the future property owners will be responsible for the maintenance
of their property as is normally the case.
Commissioner Baderian asked the Commissioners for their thoughts concerning truck
movement up and down Santa Anita Avenue. Chairman Parrille agreed that measures
should be taken to protect student traffic at Highland Oaks School.
Mr. Kasama explained that mitigation measure 4.3 addresses this issue and would apply
any time students are coming and going in the school area. He said that the wording would
be amended to have the contractor accommodate the school's academic schedule.
Commissioner Baderian recommended that restricted hours for heavy truck traffic should be
coordinated with the school district calendar for Highland Oaks to avoid all times when
students are traveling to and from school, including when minimum days and other events
are scheduled.
PC MINUTES
2 -23-10
Page 4
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Baerg to approve
Tentative Parcel Map No. TPM 09 -08 (71182), renew Residential Mountainous Permit No.
RM 07 -01 and adopt the Mitigated Negative Declaration, subject to the conditions in the staff
report.
ROLL CALL:
AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille
NOES: None
A Resolution reflecting the decision of the Planning Commission will be presented for
adoption at the next Commission meeting. There will be a five working day appeal period
after the adoption of the Resolution.
4. ZONE CHANGE NO. ZC 09 01
728 W. Huntington Dr.
Charles Huang, Dexter Huntington, LLC
The applicant is requesting to change the zone of the subject property from C -2 D
(General Commercial with Design Overlay) to R -3 (Multiple Family) to make it consistent
with the General Plan land use designation of Multiple Family Residential at a density of 24
dwelling units per acre.
Senior Planner, Lisa Flores, presented the staff report.
The Public Hearing was opened.
Chairman Parrille asked if anyone wanted to speak in favor of the project.
There were none.
Chairman Parrille asked if anyone wanted to speak in opposition to the project.
There were none.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Beranek, to close the
Public Hearing. Without objection the motion was approved.
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Hsu to convey a
recommendation for approval to the City Council on Zone Change No. ZC 09 -01.
ROLL CALL:
AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Parrille
NOES: None
PC MINUTES
2 -23-10
Page 5
The Planning Commission's decision and comments will be forwarded for the City Council's
consideration at a public hearing
NOTE: At the request of the applicant, item 2 was moved to the end of the Public
Hearings section of the agenda.
2. CONDITIONAL USE PERMIT NO. CUP 10 01
1135 W. Huntington Drive
Elite of Arcadia, Inc.
The applicant is requesting a Conditional Use Permit to operate a tutoring center with up to
80 students within 4,313 square -feet of existing office space on the second floor of an
existing commercial shopping center.
Assistant Planner, Tim Schwehr, presented the staff report.
Commissioner Baderian asked if the parking requirements approved in 2002 included usage
by Ralphs Market and other tenants in the center. Mr. Schwehr explained that the parking
requirements for banks have been reduced since then but that the parking requirements in
2002 included usage by Ralphs, Power Prep Tutoring Center, the other retail businesses,
and the two banks.
Commissioner Baderian asked if parking would be impacted with the addition of this
business. Mr. Schwehr said that the total requirement will remain 337 spaces so there will
not be an impact.
Commissioner Hsu asked Mr. Schwehr if he had visited the site and Mr. Schwehr explained
that he had and that he found the parking lot to be very underutilized. In fact, he stated that
Tess than half the spaces were in use.
Mr. Kasama explained that the requirements for banks have changed over the years
because they do not have as much walk -in traffic as in the past.
The Public Hearing was opened.
Chairman PerriIle asked if anyone wanted to speak in favor of the project.
Ms. Karen Hwang, representing Elite of Arcadia, Inc., said that the applicant had no
objections to the conditions of approval and offered to answer questions.
Chairman Pamlle asked if anyone wanted to speak in opposition to the project.
There were none.
MOTION:
It was moved by Commissioner Beranek, seconded by Commissioner Hsu, to close the
Public Hearing. Without objection the motion was approved.
PC MINUTES
2 -23-10
Page 6
MOTION:
It was moved by Commissioner Baderian, seconded by Commissioner Hsu to approve
Conditional Use Permit No. CUP 10 -01, subject to the conditions in the staff report.
ROLL CALL:
AYES: Commissioners Baderian, Baerg, Beranek, Hsu, and Perri Ile
NOES: None
A Resolution reflecting the decision of the Planning Commission will be presented for
adoption at the next Commission meeting. There will be a five working day appeal period
after the adoption of the Resolution.
CONSENT ITEMS
5. MINUTES OF FEBRUARY 9, 2010
MOTION:
It was moved by Commissioner Hsu seconded by Commissioner Baderian, to approve the
minutes of February 9, 2010 as presented. Without objection the motion was approved.
MATTERS FROM CITY COUNCIL AND PLANNING COMMISSION
None
MODIFICATION COMMITTEE MEETING ACTIONS
Chairman PerriIle reported that two items were presented at the Modification Committee
meeting today. MC 10 -02 was for reduced side yard setbacks to accommodate air
conditioning equipment. This item was continued. The other item, MC 10 -03, was for
legalization of an existing stairway to an attic. This item was referred to the Planning
Commission.
MATTERS FROM STAFF
Ms. Kasama briefly reviewed the upcoming projects for consideration by the Commission
on March 9 including a revocation of the Conditional Use Permit for Cafe Fusion, a Design
Review for a building at Baldwin Plaza and the referral from the Modification Committee on
legalization of the stairway attic.
ADJOURNED 8:03 p.m.
ATTEST:
Secretary, Planning Commission
Chairman, Planning Commission
PC MINUTES
2 -23-10
Page 7